Part III - Offences relating to the administration of justice  

Division 5 - Escape from criminal detention  


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

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

(d) the detention is lawful federal criminal detention.

Penalty: Imprisonment for 5 years.


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

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


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