Aiding an Inmate’s Escape from Lawful Custody
Aiding an inmate’s escape from lawful custody is an offence under section 310C of the Crimes Act 1900, which carries a maximum penalty of 7 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You aided a person to escape from lawful custody, or you aided a person’s attempt to escape from lawful custody, and
- The person you aided was an inmate.
Alternatively, the prosecution must prove beyond reasonable doubt that:
- You conveyed anything, or caused anything to be conveyed, into a correctional centre or to an inmate, and
- You did so intending to facilitate the escape of an inmate from lawful custody.
For the purposes of the offence, an ‘inmate’ includes:
- A person detained in a correctional centre, whether on remand, sentenced or otherwise lawfully detained there, and
- A detainee held in an immigration detention centre.
It does not include:
- A person in lawful custody for the purpose of serving an intensive correction order, or
- A detainee in a youth detention centre.
Defences to the charge include:
- Duress
- Necessity, and
- Self-defence, which includes the defence of another.
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