Prisons Act 1933 · 2020 Revised Edition · Part 5C · Release on Licence
50ZK. Recall to prison
Feedback & supportLast amended by an amending law of 2024.
If the Commissioner has reason to suspect that a prisoner subject to a release order has failed to comply with any condition of the release order, has committed a prison offence, or has committed any offence while the release order is in effect, the Commissioner may —
Commissioner
“Commissioner” means the Commissioner of Prisons appointed under section 20;
make such inquiry as may be necessary to ascertain whether the prisoner has failed to comply with any condition of the release order, has committed a prison offence, or has committed any offence while the release order is in effect; and
recall the prisoner to prison pending the completion of the inquiry.
If a prisoner is recalled to prison under subsection (1)(b), the period of the release order to which the prisoner is subject continues to run, despite the prisoner being recalled to prison, unless the release order is revoked under section 50ZL or is suspended under section 50ZM.
prisoner
“prisoner” means any person, whether convicted or not, under detention in any prison or reformative training centre or subject to an external placement order or a home detention order, but does not include a person released and at large under a remission order;
Where the Commissioner is satisfied after due inquiry that the prisoner has failed to comply with any condition of the release order, has committed a prison offence, or has committed any offence while the release order is in effect, the Commissioner may —
prison
“prison” means any house, building, enclosure or place, or any part thereof, declared to be a prison or reformative training centre under section 3, and includes the grounds and buildings within the prison enclosure and also the airing grounds or other grounds or buildings belonging or attached thereto and used by prisoners;
if the prisoner has not already been recalled under subsection (1)(b), recall the prisoner to prison for a period of not more than 14 days, not including any period the prisoner is ordered to undergo any punishment under section 70(1)(a) or 71(1)(b); or
if the prisoner has already been recalled under subsection (1)(b), extend the period of recall for a further period of not more than 14 days, not including any period that the prisoner —
was so recalled before the extension; or
was ordered to undergo any punishment under section 70(1)(a) or 71(1)(b).
The Commissioner may recall a prisoner to prison under subsection (1)(b) or (3)(a) by serving on him or her a notice of recall in accordance with subsection (5).
The notice of recall in subsection (4) —
must be served —
by delivering it personally to the prisoner; or
by any other means that may be prescribed;
may be served by a prison officer, a police officer or an auxiliary police officer; and
must —
specify the prison to which the prisoner is to report;
specify the date and time the prisoner is required to report to the specified prison; and
specify, in days, the number of days for which the prisoner is recalled.