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Act index » Part III - Procedure and punishment » Division 2 - Punishment » Subdivision (1) - Sentences for offences
479C Escape and related offences
(1)A person who, whether by force or not, escapes or attempts to escape—
S. 479C(1) amended by Nos 129/1993 s. 9(2), 45/1996 s. 18(Sch. 2 item 6.1), 26/1997 s. 52(1), 48/1997 s. 60(1)(Sch. 1 item 101), substituted by No. 45/2001 s. 40(3).S. 479C(1) (b)(ii) amended by No. 37/2014 s. 10(Sch. item 36.42).
(b)if the person is in the legal custody of the Secretary to the Department of Justice or the Chief Commissioner of Police, from the physical custody of—
(iii)a person acting on lawful authority on behalf of the Secretary or the Chief Commissioner— is guilty of an indictable offence punishable on conviction by level 6 imprisonment (5 years maximum).
(2)A prisoner who is authorized to be absent from a prison under the Corrections Act 1986 and who— is guilty of an indictable offence punishable on conviction by level 6 imprisonment (5 years maximum).
S. 479C(2) amended by Nos 129/1993 s. 9(2), 48/1997 s. 60(1)(Sch. 1 item 101).
(a)does not return to prison when the instrument of authority expires or when otherwise required by the instrument to do so; or
(b)is required by the instrument authorizing the absence to be under the supervision of another person and wilfully ceases to be under that supervision; or
(c)does not return to prison upon being informed by an officer of the Office of Corrections or a police officer that the instrument authorizing the absence has been revoked—
(3)A prisoner who is outside a prison or a police gaol but in custody and who wilfully ceases to be in custody is guilty of an indictable offence punishable on conviction by level 6 imprisonment (5 years maximum).
S. 479C(3) amended by Nos 129/1993 s. 9(2), 48/1997 s. 60(1)(Sch. 1 item 101).
(4)For the purposes of subsection (3), prisoner includes a person who is in the custody of a court.
(5)Evidence that a prisoner has, without reasonable excuse, left a cell, or attempted to avoid detection by officers at a prison or police gaol is evidence that the prisoner is attempting to escape from the prison or police gaol.
(6)Sections 325, 459 and 459A apply to offences under this section and section 479B as if the offences were serious indictable offences.