Escape From Custody (ACT)

The Crimes Act 1900 contains a number of offences relating to escaping from custody in the ACT. These are serious offences that can attract lengthy terms of imprisonment. This page deals with escape from custody offences in the ACT.

What is custody?

A person is in custody when they are lawfully under arrest or detained. This may be in the company of police in a public place, in a vehicle that is in transit, in a watch house, or in a correctional facility or detention centre.

What is escape?

A person can be found guilty of escaping from lawful custody only if a court is satisfied that their actions amounted to an escape. A person escapes if they gain freedom from the person or place that was restricting their freedom. The court must be satisfied that the person knew that they were not free to leave and consciously and deliberately withdrew from that custody.

Aiding prisoner to escape

Under section 159 of the Crimes Act 1900, it is an offence to aid another person to escape, or to attempt to:

• escape from lawful custody
• escape from lawful arrest
• escape from lawful detention
• take anything into a place of lawful detention to facilitate an escape.

This offence is punishable by a fine of up to 100 penalty units, imprisonment for up to five years, or both.

Escaping

Under section 160 of the Crimes Act 1900, it is an offence to escape from lawful custody, arrest or detention. This offence is punishable by a maximum penalty of a fine of 100 penalty units, imprisonment for five years, or both.

Rescuing prisoner from custody

Under section 161 of the Crimes Act 1900, it is an offence to rescue a person by force from lawful custody, arrest or detention. This offence can attract a maximum sentence of 14 years imprisonment.

Permitting escape

Under section 163 of the Crimes Act 1900, it is an offence for an officer of a correctional centre, a constable or a commonwealth officer who is in charge of the detention or custody of a person to wilfully or negligently permit them to escape. This offence is punishable by a maximum penalty of a fine of 100 penalty units, imprisonment for five years, or both.

Harbouring escape

Under section 164 of the Crimes Act 1900, it is an offence to harbour, maintain or employ a person knowing that they have escaped lawful custody or detention. This offence is punishable by a maximum penalty of a fine of 100 penalty units, imprisonment for five years, or both.

Jurisdiction

The offence of rescuing a prisoner from custody is a strictly indictable offence that can only be dealt with in the Supreme Court.

The other offences listed above are indictable offences that can be dealt with summarily (in the Magistrates Court) if both parties agree to this and if the magistrate considers that this is appropriate.

The maximum penalty that can be imposed for a single offence in the Magistrates Court is two years imprisonment.

Pleading guilty to escape from custody

If you are charged with escaping from custody, there are a number of matters to consider before pleading guilty. Firstly, consider whether all the elements of the offence are made out and whether the prosecution can prove this. You should then consider whether there is a legal defence that applies.

If you plead guilty to escape from custody, you should do so with legal representation. The court will impose a sentence based on the circumstances of the offence and your personal circumstances, including your criminal history and any factors that mitigate or extenuate the seriousness of the offence.

Defences to escape from custody offences

If you have been charged with an offence relating to escaping custody, you may have a legal defence available. This may include:

• That your actions did not amount to escape;
• That you were not in lawful custody.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.