HC Deb 30 November 1949 vol 470 c1210
The Lord Advocate

I beg to move, in page 43, line 43, after "warrant," to insert: in any part of Great Britain. The purpose of this Amendment is to extend to any part of Great Britain the power of a constable or prison officer to arrest without warrant a person who is unlawfully at large from a place of detention in Scotland. As at present drafted, the Clause confers this power of arrest only in Scotland; but a person may be found unlawfully at large in another part of Great Britain.

Amendment agreed to.

The Lord Advocate

I beg to move, in page 44, line 15, at the end, to insert: (3) For the purposes of this section a person who, after being temporarily released in pursuance of rules made under subsection (6) of section fifty-three of this Act, is at large at any time during the period for which he is liable to be detained in pursuance of his sentence shall be deemed to be unlawfully at large if the period for which he was tempararily released has expired or if an order recalling him has been made by the Secretary of State in pursuance of the rules. The Clause, as it stands, empowers a constable or prison officer to arrest without warrant a person who is unlawfully at large from a place of detention in Scotland. The purpose of the amendment is to extend this power to cover the arrest of a person temporarily released from prison or Borstal, if he either fails to return at the due time or is recalled for some reason before his period of temporary release has expired.

Amendment agreed to.