352AA Arrest of prisoners unlawfully at large
(1) Any constable may, with or without warrant, apprehend any person
whom the constable, with reasonable cause, suspects of being a prisoner
unlawfully at large and take the person before an authorised Justice who may,
by warrant, commit the person to prison, there to be kept in custody under the
same authority, and subject to the same conditions and with the benefit of the
same privileges and entitlements, as would have applied in respect of the
person had the person not been at large.
(2) A reference in subsection (1) to a prisoner unlawfully at large is
a reference to a person who is at large (otherwise than by reason of having
escaped from lawful custody) at a time when the person is required by law to
be in custody in prison.
(3) A constable may apply to an authorised Justice for a warrant for
the apprehension of a prisoner whom the constable, with reasonable cause,
suspects of being a prisoner unlawfully at large.
(4) The authorised Justice to whom an application is made under
subsection (3) may, if satisfied that there are reasonable grounds for doing
so, issue a warrant for the apprehension of the prisoner
(5) Section 64 of the Justices Act
1902 applies, with any necessary adaptations, to such a
warrant in the same way as it applies to a warrant referred to in that
(6) In this section, authorised
(a) a Magistrate, or
(b) a Justice employed in the Local Courts Administration, Attorney