479CEscape and related offences

479C Escape and related offences

S. 479C(1) amended by Nos 129/1993 s. 9(2), 45/1996 s. 18(Sch. 2 item 6.1), 26/1997 s. 52(1), 48/1997 s. 60(1)(Sch. 1 item 101), substituted by No. 45/2001 s. 40(3).

(1) A person who, whether by force or not, escapes or attempts to escape—

(a) from a prison or police gaol; or

(b) if the person is in the legal custody of the Secretary to the Department of Justice or the Chief Commissioner of Police, from the physical custody of—

(i) an officer within the meaning of Part 5 of the Corrections Act 1986 or an escort officer under that Act; or

S. 479C(1)
(b)(ii) amended by No. 37/2014 s. 10(Sch. item 36.42).

(ii) a police officer; or

(iii) a person acting on lawful authority on behalf of the Secretary or the Chief Commissioner—

is guilty of an indictable offence punishable on conviction by level 6 imprisonment (5 years maximum).

S. 479C(2) amended by Nos 129/1993 s. 9(2), 48/1997
s. 60(1)(Sch. 1 item 101).

(2) A prisoner who is authorized to be absent from a prison under the Corrections Act 1986 and who—

(a) does not return to prison when the instrument of authority expires or when otherwise required by the instrument to do so; or

(b) is required by the instrument authorizing the absence to be under the supervision of another person and wilfully ceases to be under that supervision; or

S. 479C
(2)(c) amended by No. 37/2014 s. 10(Sch. item 36.42).

(c) does not return to prison upon being informed by an officer of the Office of Corrections or a police officer that the instrument authorizing the absence has been revoked—

is guilty of an indictable offence punishable on conviction by level 6 imprisonment (5 years maximum).

S. 479C(3) amended by Nos 129/1993 s. 9(2), 48/1997
s. 60(1)(Sch. 1 item 101).

(3) A prisoner who is outside a prison or a police gaol but in custody and who wilfully ceases to be in custody is guilty of an indictable offence punishable on conviction by level 6 imprisonment (5 years maximum).

S. 479C(4) amended by Nos 45/1996
s. 18(Sch. 2 item 6.2), 26/1997 s. 52(2), substituted by No. 45/2001 s. 40(4).

(4) For the purposes of subsection (3), prisoner includes a person who is in the custody of a court.

(5) Evidence that a prisoner has, without reasonable excuse, left a cell, or attempted to avoid detection by officers at a prison or police gaol is evidence that the prisoner is attempting to escape from the prison or police gaol.