Criminal Justice Act, 1960

Lawful custody of persons detained under sections 9 and 10.

11.—(1) Subject to subsection (3) of this section, a person who is detained in a remand institution pursuant to section 9 of this Act shall be deemed to be in the lawful custody of the person for the time being in charge of the institution during and until the expiration of the period for which he was remanded or committed, or, if it should sooner happen, until he is transferred under section 10 of this Act.

(2) Subject to subsection (3) of this section, a person who is transferred under section 10 of this Act to an institution (being a remand institution or Saint Patrick's Institution) or to a prison shall be deemed to be in the lawful custody of the person in charge of the institution or the governor of the prison, as the case may be, from the time he is transferred until the expiration of the period for which he was remanded or committed or, if it should sooner happen, until he is transferred again under the said section 10.

(3) A person who, during a period of detention pursuant to section 9 or section 10 of this Act, is absent without permission from the place of detention shall be deemed to have escaped from lawful custody and the foregoing provisions of this section shall not apply in relation to the period during which he is so absent.