56Escape from custody – penalty

### 56 Escape from custody – penalty > > (1)  Any person who, being in custody under an interstate leave permit, escapes or attempts to escape from that custody while he or she is not within Tasmania or the participating State to or from which he or she was being escorted under that permit is guilty of an indictable offence and is liable to imprisonment for a term not exceeding 7 years, to be served after the expiration of any term of imprisonment, penal servitude or detention to which he or she was subject at the time of his or her escape or attempt to escape. > > > (2)  Without limiting the generality of [section 107 of the](/view/html/inforce/2026-04-12/act-9999-999#) [Criminal Code](/view/html/inforce/2026-04-12/act-1997-051) , that section applies to a person – > > > > > > (a) who is in custody under an interstate leave permit; and > > > > > > > (b) who escapes from that custody while he or she is not within Tasmania or the participating State to or from which he or she was being escorted under that permit – > > > > in the same way as it applies to a person who escapes from lawful custody while undergoing a sentence of imprisonment in Tasmania. > > > (3)  [Subsections (1)](#GS56@Gs1@EN) and [(2)](#GS56@Gs2@EN) do not apply to a person to whom [section 47 of the](/view/html/inforce/2026-04-12/act-1914-999#) [Crimes Act 1914](/view/html/inforce/2026-04-12/act-1997-051) of the Commonwealth applies.