(1) The Secretary may only issue a custodial community permit to a prisoner if the Secretary is satisfied that—
(a) adequate consideration has been given to the safety and welfare of the prisoner and members of the public; and
(b) facilities exist for the provision of adequate and suitable escort and transport where necessary; and
(c) in addition to the requirements of this Division, the issuing of the permit complies with any requirements set out in the regulations.
(2) In issuing a custodial community permit, the Secretary—
(a) must comply with any requirements set out in the regulations; and
(b) may impose any conditions on the permit that he or she thinks are appropriate.
(3) A custodial community permit—
(a) authorises the prisoner to be absent from the prison for the period stated in the permit; and
(b) is subject to any relevant conditions set out in the regulations and any other conditions set out in the permit.
(4) The Secretary may issue a custodial community permit in accordance with this section to a prisoner who is not in a prison.
(5) If the Secretary issues a custodial community permit to a prisoner who is not in a prison, the Secretary must nominate a prison as the prison from which the prisoner is authorised to be absent.
(6) Nothing in this Division is intended to prevent the Secretary from re-issuing a permit that has expired.
(7) In the case of a person referred to in section 57C(1)(b), a reference to a prisoner in this section is to be read as a reference to the person.
S. 58 substituted by No. 16/1991 s. 15(1).