Crimes Act 1914
Part III
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Offences relating to the administration of justice
Division 5
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Escape from criminal detention
SECTION 47B
PERSON UNLAWFULLY AT LARGE
47B(1)
A person commits an offence if:
(a) the person was in criminal detention in a prison, lock-up or other place of criminal detention; and
(b) the detention was lawful federal criminal detention; and
(c) in accordance with a permission given under a law of a State or Territory (other than the Australian Capital Territory), the person leaves the prison, lock-up or other place; and
(d) the person refuses, or fails, to return to the prison, lock-up or other place in accordance with that permission.
47B(2)
Absolute liability applies to the paragraph (1)(b) element of the offence.
47B(3)
Paragraph (1)(d) does not apply if the person has a reasonable excuse.
View history note
Hide history noteA person commits an offence if:
(a) the person was in criminal detention in a prison, lock-up or other place of criminal detention; and
(b) the detention was lawful federal criminal detention; and
(c) in accordance with a permission given under a law of a State or Territory (other than the Australian Capital Territory), the person leaves the prison, lock-up or other place; and
(d) the person refuses, or fails, to return to the prison, lock-up or other place in accordance with that permission.
Penalty: Imprisonment for 5 years.
47B(2)
Absolute liability applies to the paragraph (1)(b) element of the offence.
47B(3)
Paragraph (1)(d) does not apply if the person has a reasonable excuse.
Note:
A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code .
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