Section 310D Crimes Act 1900 | Escaping


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Being imprisoned is an unpleasant experience, and some may find it difficult to cope on the inside.

Every year, there are several reports of prisoners escaping from lawful custody.

However, escaping from lawful custody is a criminal offence which may attract charges under section 310D of the Crimes Act.

You may be charged with an offence under section 310D of the Crimes Act where it is alleged that you escaped, or attempted to escape from lawful custody, or where you were temporarily released from lawful custody and you failed to return by the designated time.

If you are found guilty of this offence, you could face a maximum penalty of 10 years’ imprisonment.

However, it’s important to remember that this is the absolute maximum penalty that can be imposed, and it will only apply in the most serious cases.

Furthermore, you may be able to avoid a conviction or an onerous penalty with the help of our experienced criminal defence team, who can assist you in fighting the charges.

The Legislation

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.

Why Sydney Criminal Lawyers?

Prison escapes are treated seriously by the law, and may result in heavy penalties under the Crimes Act.

However, with the help of an experienced criminal defence team, you can give yourself the best possible defence against the charges.

Our lawyers are vastly experienced in all areas of criminal law. Our expert knowledge, coupled with our outstanding advocacy skills, gives us a leading advantage when it comes to fighting serious criminal charges such as ‘escaping.’

We fight relentlessly to secure the best possible outcome in every case, and are frequently able to get charges dropped at an early stage in the proceedings by carefully examining the evidence in order to find problems with the prosecution case.

This means that our clients are often spared the expense and time involved in fighting these charges in court.

Alternatively, where the prosecution refuses to drop the charges, we guarantee that you will be represented only by our senior lawyers in court.

Our senior defence team consists of highly experienced lawyers who have a proven track record of winning complex criminal matters.

These fearless advocates are best placed to put forth your case in the most compelling manner, along with any favourable evidence.

Our experienced lawyers can also assist if you wish to plead guilty, by presenting your case in the most positive light and emphasising the need for a lenient penalty.

Should you wish to plead guilty, our lawyers can assist you in obtaining any supporting documentation, such as medical reports and character references.

Our willingness to go above and beyond the call of duty in every case enables us to consistently obtain better results than any other law firm.

For the best outcome in your ‘escaping’ case, get Sydney’s best criminal lawyers on your side.

Call us now on (02) 9261 8881 to book your FREE first conference with us today.