Escaping lawful custody is a criminal offence in New South Wales under Section 310D of the Crimes Act 1900. It is an offence to escape from custody, attempt to escape, or fail to return after being granted temporary release. The offence carries a maximum penalty of 10 years’ imprisonment. Custody refers to situations where a person is lawfully arrested, detained, or imprisoned by police or correctional authorities.

Elements of the Offence

For the prosecution to prove this offence, they must establish that:

• The person was in lawful custody. The person was legally detained or arrested by police or correctional authorities.
• The person escaped, attempted to escape, or failed to return after a period of temporary release.

Considerations

• Attempt: Attempting to escape custody is an offence.
• Failure to return: Not returning after a temporary release also amounts to an offence.
• Penalties: A conviction for escaping police custody can result in up to 10 years in prison,

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong, paralegal.

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