Crimes Act 1914

Part III - Offences relating to the administration of justice  

Division 5 - Escape from criminal detention  

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History

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

SECTION 47   ESCAPING  

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47(1)    
A person commits an offence if:

(a) the person is in criminal detention; and

(b) the person escapes from that detention; and

(c) the detention is lawful federal criminal detention.

Penalty: Imprisonment for 5 years.

47(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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History

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

SECTION 47 ESCAPING  
47
A person who has been lawfully arrested, is in lawful custody, or 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 (other than the Australian Capital Territory) and who escapes from that arrest, custody or detention is guilty of an offence.

Penalty: Imprisonment for 5 years.

S 47 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).

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