Escape From Custody Offences (WA)

In Western Australia, the Criminal Code Act Consolidation Act 1913 sets out a range of offences relating to escaping from custody, including freeing a person from custody and permitting a person to escape from custody. These are serious offences that can attract lengthy terms of imprisonment. This page examines escape from custody offences in Western Australia.

What is the definition of custody?

For a person to be found guilty of an escape from custody offence, they must be proven to have been in lawful custody. This includes being under arrest in a public place, being in a prison, youth detention centre or watch house or being in transit from one place of detention to another.

What is the definition of escape?

To be found guilty of escaping from custody, a person must be proven to have done an act that amounted to an escape. The court must be satisfied that the accused knew that they were not free to leave and deliberately withdrew from custody. It must be satisfied that the accused gained freedom from the person or place that was restricting their freedom.

The offence of forcibly freeing person from custody

Under section 144 of the Criminal Code act Consolidation Act 1913, a person who forcibly frees, or attempts to free, a person who is in lawful custody for an offence that is punishable by imprisonment for 20 years or more is guilty of a crime. The maximum penalty for this is imprisonment for 20 years.

The offence of aiding escapee from custody

Under section 145 of the Criminal Code act Consolidation Act 1913, a person who:

• conveys anything or causes anything to be conveyed into a prison with intent to facilitate the escape of a person
• aids a person is escaping lawful custody

is guilty of a crime punishable by seven years imprisonment. If this offence is dealt with summarily (in the Magistrates Court), the maximum penalty that applies is imprisonment for three years and a fine of $36,000.

The offence of escaping lawful custody

Under section 146 of the Criminal Code act Consolidation Act 1913, a person who escapes from lawful custody in Western Australia is guilty of a crime punishable by imprisonment for seven years. When this offence is dealt with summarily, the maximum penalty is imprisonment for three years and a fine of $36,000.

The offence of permitting escape from custody

Under section 147 of the Criminal Code Act Consolidation Act 1913, a prison officer or police officer who permits a prisoner to escape from custody is guilty of a crime punishable by imprisonment for five years.

The offence of aiding escape from custody

Under section 148 of the Criminal Code act Consolidation Act 1913, a person who aids a person to escape lawful custody is guilty of a crime punishable by imprisonment for three years. Where this offence is dealt with summarily, the maximum penalty if imprisonment for 12 months and a fine of $12,000.

Persons detained under Mental Health Act

Under section 148 of the Criminal Code act Consolidation Act 1913, a person who rescues or wilfully permits the escape of a person who is detained under the Mental Health Act 2014 or under any law relating to mental impairment, or who conceals a person who has been rescued from that custody or is absent without leave from that custody is guilty of a crime punishable by three years imprisonment.

Pleading guilty to escaping from custody

If you have been charged with an offence relating to escaping from custody, you should seek legal advice prior to pleading guilty. Some things to consider before entering a guilty plea are:

• can the prosecution prove every element of the charge?
• Is there a defence available?
• What is the likely penalty range given your circumstances and criminal history?

Defences

If you are facing a charge of escaping from custody, there may be a legal defence that applies such as:

• You were not in lawful custody
• Your actions do not amount to an escape

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