Crimes Act 1914

Part III - Offences relating to the administration of justice  

Division 5 - Escape from criminal detention  

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Div 5 heading inserted by No 3 of 2011, s 3 and Sch 2 item 17, effective 3 March 2011.

SECTION 48   HARBOURING ETC. AN ESCAPEE  

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48(1)    
A person (the first person ) commits an offence if:

(a) the first person knows that another person (the escapee ) has escaped from a place where the other person was held in criminal detention; and

(b) the first person harbours, maintains or employs the escapee; and

(c) the detention was lawful federal criminal detention.

Penalty: Imprisonment for 5 years.

48(2)    
Absolute liability applies to the paragraph (1)(c) element of the offence.

Note:

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

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S 48 substituted by No 3 of 2011, s 3 and Sch 2 item 18, effective 3 March 2011. S 48 formerly read:

SECTION 48 HARBOURING ETC. AN ESCAPEE  
48
A person who harbours, maintains or employs another person knowing the other person to have escaped from a place where the person is held in lawful custody or detention in respect of any offence against a law of the Commonwealth or of a Territory (other than the Australian Capital Territory) is guilty of an offence.

Penalty: Imprisonment for 5 years.

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