Section 310E Crimes Act | Tunnels to Facilitate Escape

The Legislation

Section 310E of the Crimes Act is the offence of Tunnels to Facilitate Escape and is extracted below.

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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.