Escape From Custody (Qld)

In Queensland, there are a number of offences relating to escaping from lawful custody. These offences are contained in the Crimes Act 1899. Escaping from custody or assisting someone to do so is a serious offence that may attract a lengthy term of imprisonment. This page deals with escape from custody offences in Queensland.

What is lawful custody?

In order for a person to be found guilty of escaping from lawful custody, a court must be satisfied that theIr custody was lawful. A person is in lawful custody if they have been arrested and detained in a way that is authorized by law. This includes:

• Where a person has been arrested and is in the custody of the police – such as while being transported to a watch house or correctional facility or while in custody at a watch house;
• Where a person has been sentenced to or remanded in custody or detention.

What is escape?

In order for a person to be found guilty of escaping from lawful custody, a court must be satisfied that theIr actions amounted to an escape. A person escapes if they gain freedom from the person or place that was restricting their freedom. The court must be satisfied that the accused was aware that they were not free to leave and that they consciously and deliberately withdrew from that custody.

The offence of escape from custody

Under section 142 of the Criminal Code 1899, a person who escapes from lawful custody is guilty of a crime and punishable by a maximum penalty of seven years imprisonment.

Aiding person to escape from custody

Under section 141 of the Criminal Code 1899, a person commits an offence if they:

• Aid a person to escape lawful custody or attempt to do so;
• Convey anything to a person in lawful custody with the intention of aiding them to escape from lawful custody;
• Free a person from lawful custody without authority.

This offence is also publishable by a maximum penalty of seven years imprisonment.

Permitting escape

Under section 143 of the Criminal Code 1899, a person who is responsible for keeping another person in lawful custody and permits them to escape is guilty of a crime and punishable by a maximum penalty of seven years imprisonment.

Jurisdiction

The escape from custody offences set out above are indictable offences that may be heard summarily where the prosecution elects this. This means that ordinarily, a charge of escape lawful custody with be dealt with on indictment in the District Court, but if the prosecution chooses for the matter to be heard by a magistrate, it will be heard in the Magistrates Court (or in the Children’s Court, if the accused is under 18).

Under section 552A of the Criminal Code 1899, an escape from custody offence must be heard summarily if the prosecution elects this. The defence does not have to agree.

If a criminal matter is heard in the District Court, it will first need to go through a number of procedural stages in the Magistrates Court, including a committal hearing.

Harbouring escaped prisoners

Under section 144 of the Criminal Code 1899, a person who harbours, maintains, or employs another person knowing that they have escaped from lawful custody is guilty of a crime punishable by up to two years imprisonment.  

This is a summary offence and is finalized in the Magistrates Court.

Pleading guilty to escape from custody

If a person is charged with escape from custody, there are a number of things they should consider before pleading guilty. Firstly, they should consider whether all the elements of the offence are made out and whether the prosecution can prove this. They should then consider whether there is any legal defence that applies.

If a person pleads guilty to escape from custody, they should do so with legal representation. The court will impose a sentence taking into consideration the circumstances of the offence and the circumstances of the offender, including their criminal history and any factors that mitigate or extenuate the seriousness of the offence.

Defences to escape from custody offences

A person charged with escape from custody may have a legal defence available to them. This may include:

• That their actions did not amount to escape;
• That they were not in lawful custody.

If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.