Crimes Act 1914

Part III - Offences relating to the administration of justice

Division 5 - Escape from criminal detention

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SECTION 47B PERSON UNLAWFULLY AT LARGE

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47B(1)
A person commits an offence if:

(a) the person was in criminal detention in a prison, lock-up or other place of criminal detention; and

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(b) the detention was lawful federal criminal detention; and

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(c) in accordance with a permission given under a law of a State or Territory (other than the Australian Capital Territory), the person leaves the prison, lock-up or other place; and

(d) the person refuses, or fails, to return to the prison, lock-up or other place in accordance with that permission.

Penalty: Imprisonment for 5 years.

47B(2)
Absolute liability applies to the paragraph (1)(b) element of the offence.

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47B(3)
Paragraph (1)(d) does not apply if the person has a reasonable excuse.

Note:

A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code .

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History

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

SECTION 47B PERSON UNLAWFULLY AT LARGE
47B(1)
A person who:

(a) in accordance with a permission given under a law of a State or Territory, leaves a prison, lock-up or other place of lawful detention where the person is in custody, or is 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; and

(b) refuses or fails to return to that prison, lock-up or other place in accordance with that permission;
is guilty of an offence.

Penalty: Imprisonment for 5 years.

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History

S 47B(1)(a) 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).

S 47B(1)(b) amended by No 24 of 2001, s 3 and Sch 10 item 55, by omitting ``, without reasonable excuse,'' after ``fails''. For application provisions, see note under s 3BA.

47B(1A)
Paragraph (1)(b) does not apply if the person has a reasonable excuse.
Note:

A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code ).

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History

S 47B(1A) inserted by No 24 of 2001, s 3 and Sch 10 item 56. For application provisions, see note under s 3BA.

47B(2)
In this section:
Territory
does not include the Australian Capital Territory.

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