Part III
-
Offences relating to the administration of justice
Division 5
-
Escape from criminal detention
History
Div 5 heading inserted by No 3 of 2011, s 3 and Sch 2 item 17, effective 3 March 2011.
SECTION 47A
RESCUING A PRISONER FROM CUSTODY ETC.
47A(1)
A person (the
first person
) commits an offence if:
(a)
another person (the
prisoner
) is in criminal detention; and
(b)
the first person rescues the prisoner from that detention by force; and
(c)
the detention is lawful federal criminal detention.
Penalty: Imprisonment for 14 years.
47A(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
.
History
S 47A substituted by No 3 of 2011, s 3 and Sch 2 item 18, effective 3 March 2011. S 47A formerly read:
SECTION 47A RESCUING A PRISONER FROM CUSTODY ETC.
47A(1)
A person who:
(a)
rescues by force a person (other than a person referred to in paragraph (c) or (d)) from lawful custody in respect of any offence against a law of the Commonwealth or of a Territory with which the person has been charged;
(b)
rescues by force a person who has been lawfully arrested in respect of any offence against a law of the Commonwealth or of a Territory with which the person has not been charged;
(c)
rescues by force a prisoner who is in lawful custody in any prison, lock-up or other place of lawful detention in respect of any offence against a law of the Commonwealth or of a Territory from that prison, lock-up or place; or
(d)
rescues by force a person who is lawfully 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 from that detention;
is guilty of an offence.
Penalty: Imprisonment for 14 years.
History
S 47A(1) amended by No 41 of 2003, s 3 and Sch 3 item 13, by substituting ``Part IB'' for ``Part 1B'' in para (d), effective 3 June 2003. For saving provision, see note under s 23C(7).
47A(2)
In this section:
Territory
does not include the Australian Capital Territory.