Negligently Permitting an Escape from Lawful Custody
Negligently permitting an escape from lawful custody is an offence under section 310F(2) of the Crimes Act 1900, which carries a maximum penalty of 2 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You were a correctional centre officer or police officer
- You had actual custody of an inmate
- You permitted the inmate to escape from lawful custody, and
- You did so by an act of negligence.
A ‘correctional centre officer’ includes any person employed by the management company of a managed correctional centre who has custody of an inmate at, or travelling to or from, a correctional centre.
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.
An ‘act of negligence’ in the context of a criminal offence is one that exhibits:
“Such a high degree of disregard… as to be regarded as a crime against the community generally”.
Defences to the charge include:
- Duress
- Necessity, and
- Self-defence, which includes the defence of another.
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