Crimes Act 1914

Part III - Offences relating to the administration of justice

Division 5 - Escape from criminal detention

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SECTION 47C PERMITTING ESCAPE

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47C(1)
A person (the first person ) commits an offence if:

(a) the first person is:

(i) an officer of a prison, lock-up or other place of criminal detention; or

(ii) a constable; or

(iii) a Commonwealth officer; and

(b) the first person is charged for the time being with the criminal detention of another person (the prisoner ); and

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(c) the first person intentionally or negligently permits the prisoner to escape from the detention; and

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(d) the detention is lawful federal criminal detention.

Penalty: Imprisonment for 5 years.

47C(2)

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

Note:

For absolute liability, see section 6.2 of the Criminal Code .

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History

S 47C substituted by No 3 of 2011, s 3 and Sch 2 item 18, effective 3 March 2011. S 47C formerly read:

SECTION 47C PERMITTING ESCAPE
47C(1A)
In this section:
Territory
does not include the Australian Capital Territory.

47C(1)
A person who:

(a) is an officer of a prison, lock-up or other place of lawful detention, a constable or a Commonwealth officer;

(b) is charged for the time being with the custody or detention of another person (including a person detained under Division 6 or 7 of Part IB or section 20BS ) in respect of any offence against a law of the Commonwealth or of a Territory; and

(c) intentionally or negligently permits the other person to escape from that custody or detention;
is guilty of an offence.

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History

S 47C(1)(b) amended by No 41 of 2003, s 3 and Sch 3 item 12, by substituting ``Part IB'' for ``Part 1B'', effective 3 June 2003. For saving provision, see note under s 23C(7).

S 47C(1)(c) amended by No 24 of 2001, s 3 and Sch 10 item 57, by substituting ``intentionally'' for ``wilfully''. For application provisions, see note under s 3BA.

47C(2)
A constable or a Commonwealth officer, who intentionally or negligently permits a person who has been lawfully arrested in respect of any offence against a law of the Commonwealth or of a Territory to escape from that arrest, is guilty of an offence.
Penalty: Imprisonment for 5 years.

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History

S 47C(2) amended by No 24 of 2001, s 3 and Sch 10 item 58, by substituting ``intentionally'' for ``wilfully''. For application provisions, see note under s 3BA.

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