Prisons Act 2007
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 Lawful custody of prisoners while absent from prison.  |   
 40.— (1) A prisoner who—  | |
(a) is absent from a prison pursuant to an order under section 39 or another enactment or an order of a court, or  | ||
(b) is being brought to or from a prison or court,  | ||
may be placed in the custody of a prison officer, a prisoner custody officer or a member of the Garda Síochána.  | ||
(2) A prisoner in such custody is deemed to be in lawful custody.  |