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Contents (1900 - 40)
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Crimes Act 1900 No 40
Current version for 2 October 2019 to date (accessed 21 October 2019 at 14:22)
Part 6A
Part 6A Offences relating to escape from lawful custody
310A   Definitions
In this Part—
correctional centre means a correctional centre within the meaning of the Crimes (Administration of Sentences) Act 1999, and includes a correctional complex within the meaning of that Act.
inmate has the same meaning as it has in the Crimes (Administration of Sentences) Act 1999.
310B   Rescuing inmate from lawful custody
Any person who, by force, rescues or attempts to rescue an inmate from lawful custody is guilty of an offence.
Maximum penalty—imprisonment for 14 years.
310C   Aiding escape
Any person—
(a)  who aids an inmate in escaping or attempting to escape from lawful custody, or
(b)  who conveys anything or causes anything to be conveyed into a correctional centre or to an inmate with intent to facilitate the escape of an inmate,
is guilty of an offence.
Maximum penalty—imprisonment for 7 years.
310D   Escaping
Any inmate—
(a)  who escapes or attempts to escape from lawful custody, or
(b)  who, having been temporarily released from lawful custody, fails to return to lawful custody at the end of the time for which the inmate has been released,
is guilty of an offence.
Maximum penalty—imprisonment for 10 years.
310E   Tunnels to facilitate escape
(1)  A person who constructs, or takes part in the construction of, a tunnel that could reasonably be thought likely to be intended for use in facilitating an inmate’s escape from lawful custody is guilty of an offence.
Maximum penalty—imprisonment for 10 years.
(2)  It is not necessary for the prosecution to prove that the tunnel was actually intended for use in facilitating an escape, but it is a defence for the accused person to establish that he or she did not intend it to be so used.
(3)  In this section—
tunnel includes any partially completed tunnel and any excavation.
310F   Permitting escape
(1)  Any person who, being an officer of a correctional centre or a police officer, has actual custody of an inmate for the time being is guilty of an offence if he or she wilfully permits the inmate to escape from custody.
Maximum penalty—imprisonment for 7 years.
(2)  Any person who, being an officer of a correctional centre or a police officer, has actual custody of an inmate for the time being is guilty of an indictable offence if he or she negligently permits the inmate to escape from custody.
Maximum penalty—imprisonment for 2 years.
(3)  Any person who is employed by the management company of a managed correctional centre (within the meaning of the Crimes (Administration of Sentences) Act 1999) as a custodian of inmates at, or travelling to or from, the correctional centre is, for the purposes of this section, an officer of a correctional centre.
310G   Harbouring escapee
(1)  Any person who knowingly harbours, maintains or employs an escaped inmate is guilty of an offence.
Maximum penalty—imprisonment for 3 years.
(2)  In this section—
escaped inmate includes a prisoner who has escaped from lawful custody in another State or Territory.
310H   Application of Part
This Part does not apply to or in respect of—
(a)  an inmate who is in lawful custody for the purpose of serving a sentence of imprisonment the subject of an intensive correction order under the Crimes (Sentencing Procedure) Act 1999, or
(b)  a detention centre or a detainee within the meaning of the Children (Detention Centres) Act 1987.