Are there offences relating to escape from lawful custody? Yes. This act, often associated with dramatic Hollywood portrayals and daring prison breaks, represents a significant breach of the law and poses a potential threat to public safety. In Australia, escaping from lawful custody is a serious crime, subject to stringent legal provisions and substantial penalties.
Deciphering the Elements of Escaping from Lawful Custody
The offences relating to escape from lawful custody in Australia encompass specific elements. These elements include:
1. The Act of Escaping or Attempting to Escape: The physical act of escaping or making a genuine attempt to escape from lawful custody, such as breaking free from restraints, overpowering guards, or utilising deception or trickery to evade lawful detention
2. Knowledge of Being in Lawful Custody: The offender must possess the awareness that they are in lawful custody at the time of the escape attempt. This implies having an understanding of the authority under which they are facing detention.
3. Voluntary and Deliberate Withdrawal from Custody: The escape must be a voluntary and deliberate act on the part of the offender. This indicates that the escape was not coerced or forced upon them, but rather a willful decision to evade lawful detention
4. Achievement of Freedom from the Restriction of Custody: The escape is complete when the offender successfully removes themselves from the immediate control or supervision of the person or institution responsible for their lawful custody
These elements are crucial in establishing the offences relating to escape from lawful custody in Australia and are essential considerations in legal proceedings related to this offence.
Section 310A: Relevant Definitions
This Section of the Crimes Act defines the following terms for this Part:
- A “correctional centre” refers to a correctional centre defined by the Crimes (Administration of Sentences) Act 1999, which also encompasses a correctional complex as defined by that Act.
- “Inmate” bears the same meaning as defined in the Crimes (Administration of Sentences) Act 1999.
Section 310B: Rescuing an Inmate from Lawful Custody
S310B outlines rescuing an inmate from lawful custody. Any individual who, through the use of force, either rescues or attempts to rescue an inmate from lawful custody has committed an offence. The maximum penalty for this offence is imprisonment for a period of up to fourteen years.
Section 310C: Aiding an Inmate’s Escape
Section 310C of offences relating to escape from lawful custody states that any individual who either:
- Assists an inmate in escaping or attempting to escape from lawful custody; or
- Delivers or arranges for the delivery of any item into a correctional centre or to an inmate with the intention of facilitating an inmate’s escape;
has committed an offence under this section. The maximum penalty for this offence is imprisonment for a period of up to seven years.
Section 310D: Escaping from Lawful Custody
Section 310D of offences relating to escape from lawful custody states that any inmate who:
- Escapes or attempts to escape from lawful custody; or
- Having been granted temporary release from lawful custody fails to return to lawful custody at the designated time for the inmate’s release;
has committed an offence under this section. The maximum penalty for this offence is imprisonment for a period of up to ten years.
Section 310E: Constructing or Participating in the Construction of Tunnels for Facilitating Escape
Section 310E of offences relating to escape from lawful custody outlines the following:
Subsection 1: Offence of Constructing or Participating in the Construction of Tunnels for Facilitating Escape
An individual has committed an offence under this section if they:
- Construct or actively participates in the construction of a tunnel; and
- The tunnel could reasonably be considered likely to be intended for the purpose of facilitating an inmate’s escape from lawful custody
Maximum Penalty: The maximum penalty for this offence is imprisonment for a period of up to ten years.
Subsection 2: Burden of Proof
In prosecuting this offence, the prosecution need not prove that the constructed tunnel was actually intended for use in facilitating an escape. However, the accused individual may present a defence by establishing that they had no intention to use the tunnel for such a purpose.
Subsection 3: Definition of “Tunnel”
For the purposes of this section, the term “tunnel” encompasses any partially completed tunnel, as well as any excavation.
Section 310F: Permitting an Inmate’s Escape
Section 310F of offences relating to escape from lawful custody outlines the following provisions:
Subsection 1: Wilful Permitting of Escape
Any individual who, while holding the position of an officer at a correctional centre or a police officer, has actual custody of an inmate and wilfully allows the inmate to escape from custody has committed an offence.
Maximum Penalty: The maximum penalty for this offence is imprisonment for a period of up to seven years.
Subsection 2: Negligent Permitting of Escape
Any individual who, while holding the position of an officer at a correctional centre or a police officer, has actual custody of an inmate and negligently allows the inmate to escape from custody has committed an indictable offence.
Maximum Penalty: The maximum penalty for this offence is imprisonment for a period of up to two years.
Section 310G: Harbouring an Escaped Inmate
Section 310G of offences relating to escape from lawful custody outlines the following provisions:
Subsection 1: Offence of Harbouring an Escaped Inmate
Any individual who knowingly provides shelter, sustenance, or employment to an inmate who has escaped from lawful custody has committed an offence. The maximum penalty for this offence is imprisonment for a period of up to three years.
Subsection 2: Definition of “Escaped Inmate”
For the purposes of this section, the term “escaped inmate” encompasses any individual who has escaped from lawful custody. This is true regardless of whether the escape occurred within New South Wales or another state or territory in Australia.
Section 310H: Exemptions from Part Application
According to Section 310H of offences relating to escape from lawful custody, the provisions of this Part are not applicable to or in relation to:
- An inmate who is in lawful custody for the purpose of serving a sentence of imprisonment under an intensive correction order issued under the Crimes (Sentencing Procedure) Act 1999.
- A detention centre or a detainee as defined by the Children (Detention Centers) Act 1987.
Importance of Seeking Legal Advice
Escaping from lawful custody is a serious criminal offence under common law. The severity of the sentence often depends on the circumstances of the escape, the offender’s criminal history, and the potential risk to the community. Despite the seriousness of the offence, there are only a few defences that may apply in exceptional circumstances.
At JB Solicitors, we understand the intricacies of escaping from lawful custody laws and the potential defences that may apply in specific circumstances. Our team of highly skilled criminal lawyers will thoroughly assess your case, gather evidence, and present a compelling defence that strengthens your position.
Contact us today if you need more information about offences relating to escape from lawful custody.
