33Escape from custody—penalty

33 Escape from custody—penalty

33 Escape from custody—penalty

(1) Any person who, being a person in custody under an order of transfer, escapes or attempts to escape from that custody while the person is not within New South Wales or the participating State or the Territory to which the person was being conveyed under that order 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 or detention to which the person was subject at the time of the person’s escape or attempt to escape.

(2) Without limiting the generality of section 254 of the Crimes (Administration of Sentences) Act 1999, that section applies to a person—

(a) who is in custody under an order of transfer, and

(b) who escapes from that custody while the person is not within New South Wales or the participating State or the Territory to which the person was being conveyed under that order,

in the same way as it applies to a person who escapes from lawful custody while undergoing a sentence involving deprivation of liberty in New South Wales.

(3) Subsections (1) and (2) do not apply to a person to whom section 47 of the Crimes Act 1914 of the Commonwealth applies by virtue of section 26 (1) or (2) of the Transfer of Prisoners Act 1983 of the Commonwealth.

s 33: Am 1986 No 187, Sch 1 (20); 1999 No 94, Sch 4.50 [3], 4.152 [2] [3].