Going to Court? Book Your Free First Appointment

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.

What Our Clients Say SEE ALL

  • ★★★★★

    Excellent service and even better results

    I just want to say thank you to Fred, and Sydney Criminal Lawyers for excellent…

  • ★★★★★

    Got me the result I wanted without any unwanted stress.

    I could not be more happier with my outcome. Fred handled my case professionally and…

  • ★★★★★

    Thank you for getting me the best possible outcome.

    I would like to thank Fahim Khan for his professionalism and understanding throughout my legal…

  • ★★★★★

    Honest and respectable Lawyer

    Big thank you to Jason in helping me through my recent case. A great professional,…

Going to Court? Call For Your Free First Appointment