Section 310F Crimes Act 1900 | Permitting Escape


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Prison and police officers are entrusted with the important duty of supervising people in custody.

Where they wilfully or negligently allow a prisoner being held in custody to escape, they may face heavy penalties under the law.

The maximum penalty for wilfully allowing an inmate to escape from custody is 7 years imprisonment.

Where the prison or police officer negligently allows a prisoner to escape from custody, the maximum penalty is 2 years imprisonment.

While these penalties may seem excessive, it’s important to remember that they are the absolute maximum penalties that can be imposed for this offence.

Our lawyers are criminal law specialists and can assist you in fighting these charges and avoiding a heavy penalty.

The Legislation

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.

Why Sydney Criminal Lawyers?

If you’ve been charged with a criminal offence such as ‘permitting escape,’ it’s important to get the best legal team on your side as soon as possible.

Our lawyers are criminal law specialists and can work with you to fight the charges and avoid an onerous penalty under the law.

We have the knowledge and skills necessary to secure a favourable outcome in your ‘permitting escape’ case.

We frequently get charges dropped at an early stage in the proceedings thanks to the efforts of our dedicated lawyers, who spend considerable amounts of time meticulously examining all evidence to identify deficiencies with the prosecution case.

Where these issues are brought to the attention of the prosecution in the appropriate manner, the charges may be dropped, allowing our clients to move on with their lives without the prospect of a lengthy defended hearing or criminal trial hanging over their heads.

Alternatively, if the prosecution refuses to drop the charges, our lawyers will fight hard to defend your case in court.

We guarantee representation only by our esteemed senior lawyers, who have a proven track record of fighting and winning these complex cases.

Our lawyers will work hard to raise all evidence and defences in the most compelling manner.

We can also assist if you wish to plead guilty to the allegations, by preparing effective sentencing submissions which focus on mitigating factors and which emphasise the need for a lenient penalty.

Our ability to obtain excellent results in these cases is unparalleled.

Call us today on (02) 9261 8881 and book your FREE first conference with our dedicated lawyers.