Rescuing an Inmate from Lawful Custody
Rescuing an inmate from lawful custody is an offence under section 310B of the Crimes Act 1900, which carries a maximum penalty of 14 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You rescued a person from lawful custody, or you attempted to rescue a person from lawful custody
- You did so by the use of force, and
- The person was an inmate.
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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