Escaping Lawful Custody
Part 6A of the Crimes Act 1900 (NSW) outlines offences relevant to escaping lawful custody. You can also be liable for an offence found in Part 6A for aiding another person’s escape, even if you did not escape yourself.
Our experienced team of criminal lawyers can review the allegations made against you, examine your options, and advise you on the steps you should take for your particular issue.
What Must the Prosecution Prove?
Depending on the offence you have been charged with, the Prosecution must prove certain elements beyond reasonable doubt. Examples of offences relating to escaping lawful custody and their maximum penalty are outlined below:
Section310B: Rescuing Inmate from Lawful Custody
By force, you rescued or attempted to rescue an inmate from lawful custody
The maximum penalty is 14 years imprisonment.
Section 310C: Aiding Escape
You aided an inmate in escaping or attempting to escape from lawful custody, or
You conveyed anything or caused anything to be conveyed into a correctional centre or to an inmate with intent to facilitate the escape of an inmate
The maximum penalty is 7 years imprisonment.
Section 310D: Escaping
You are an inmate
You escaped or attempted to escape from lawful custody, or
You were temporarily released from lawful custody and failed to return to lawful custody at the end of the time for which you were released
The maximum penalty is 10 years imprisonment.
Section 310E: Tunnels to Facilitate Escape
You constructed, or
You took part in the construction of, a tunnel
And that tunnel could reasonably be thought likely to be intended for use in facilitating an inmate’s escape from lawful custody
The maximum penalty is 10 years imprisonment.
The Prosecution does not need to prove that the tunnel was intended for use in facilitating an escape. A tunnel includes any partially completed tunnel and any excavation.
Section 310F: Permitting Escape
You are an officer of a correctional centre or a police officer and had actual custody of an inmate for the time being and
You willfully permitted the inmate to escape from custody (the maximum penalty is 7 years imprisonment), or
You negligently permitted the inmate to escape from custody (the maximum penalty is 2 years imprisonment).
Section 310H: Harbouring Escapee
You knowingly harboured, maintained, or employed an escaped inmate who is guilty of an offence.
The maximum penalty is 3 years imprisonment.
MAXIMUM PENALTIES:
The maximum penalty is reserved for cases that are the most serious. The penalty you will receive will depend on your circumstances and the nature of your particular offence. In NSW, a court can impose any of the following penalties:
Fine
Dismissal Without Conviction
Conditional Release Order (CRO)
Community Correction Order (CCO)
Intensive Correction Order (ICO)
Conviction Without Penalty
Deferral for Rehabilitation
Imprisonment
Defences
Some possible defences available to this charge can include:
If you are found constructing a tunnel, it is a defence to establish that you did not intend for the tunnel to be used to facilitate an escape
You were coerced or threatened to act a certain way under the circumstances (Duress)
Your actions were necessary to prevent serious injury (Necessity)
You were defending yourself or another person or your property (Self-Defence)
If you have any further questions in regards to these offences or want to discuss your situation with proficient and experienced lawyers, contact our team at (02) 9060 9799 or email our Principal Lawyer at samuel@saslawyers.com.au.