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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:

  1. You aided a person to escape from lawful custody, or you aided a person’s attempt to escape from lawful custody, and
  2. The person you aided was an inmate.

Alternatively, the prosecution must prove beyond reasonable doubt that:

  1. You conveyed anything, or caused anything to be conveyed, into a correctional centre or to an inmate, and
  2. You did so intending to facilitate the escape of an inmate from lawful custody.

For the purposes of the offence, an ‘inmate’ includes:

  1. A person detained in a correctional centre, whether on remand, sentenced or otherwise lawfully detained there, and
  2. A detainee held in an immigration detention centre.

It does not include:

  1. A person in lawful custody for the purpose of serving an intensive correction order, or
  2. A detainee in a youth detention centre.

Defences to the charge include:

  1. Duress
  2. Necessity, and
  3. Self-defence, which includes the defence of another.

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