Part III - Offences relating to the administration of justice  

Division 5 - Escape from criminal detention  


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.

Penalty: Imprisonment for 5 years.

Absolute liability applies to the paragraph (1)(b) element of the offence.

Paragraph (1)(d) does not apply if the person has a reasonable excuse.


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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