South Australian Current Acts

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CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 254

254—Escape or removal from lawful custody

        (1)         Subject to this section, a person subject to lawful detention who—

            (a)         escapes, or attempts to escape, from custody; or

            (b)         remains unlawfully at large,

is guilty of an offence.

Maximum penalty: Imprisonment for 7 years.

        (2)         A child is not guilty of an offence against subsection (1) in respect of an act or omission that constitutes an offence against section 48 of the Young Offenders Act 1993 .

        (2a)         A term of imprisonment to which a person is sentenced for an offence against subsection (1) is cumulative on any other term of imprisonment or detention in a training centre that the person is liable to serve.

        (3)         A person who, knowing that, or being recklessly indifferent as to whether, another person is subject to lawful detention—

            (a)         assists in the escape or attempted escape of the other person from custody; or

            (b)         without lawful authority, removes, or attempts to remove, the other person from custody,

is guilty of an offence.

Maximum penalty: Imprisonment for 7 years.

        (4)         A person having custody or authority in respect of another person subject to lawful detention who, knowing that, or being recklessly indifferent as to whether, there is no legal authority to do so—

            (a)         releases or procures the release of, or attempts to release or procure the release of, the other person from custody; or

            (b)         permits the other person to escape from custody,

is guilty of an offence.

Maximum penalty: Imprisonment for 7 years.



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