Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Act 2011 (3 of 2011)

Schedule 2   Administration of justice offences

Part 1   Amendment of the Crimes Act 1914

18   Sections 46 to 48

Repeal the sections, substitute:

46 Aiding prisoner to escape

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

(a) another person (the prisoner ) is in criminal detention; and

(b) the first person aids the prisoner:

(i) to escape from that detention; or

(ii) to attempt to escape from that detention; and

(c) the prisoner escapes, or attempts to escape, from that detention; and

(d) the detention is lawful federal criminal detention.

Penalty: Imprisonment for 5 years.

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

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

(3) Subsection (1) does not apply if, before the escape or attempted escape, the first person:

(a) terminates his or her aid to the prisoner; and

(b) takes all reasonable steps to prevent the escape or attempted escape.

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

(4) The first person may be found guilty of the offence even if the prisoner has not been prosecuted for, or has not been found guilty of, an offence in relation to the escape or attempted escape.

46A Aiding prisoner to escape - conveying thing into prison etc.

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

(a) another person (the prisoner ) is in criminal detention; and

(b) the first person conveys a thing into a prison, lock-up or other place of criminal detention; and

(c) the first person does so with the intention of facilitating the escape of the prisoner from the prison, lock-up or other place; and

(d) the detention is lawful federal criminal detention.

Penalty: Imprisonment for 5 years.

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

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

47 Escaping

(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.

(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.

47A Rescuing a prisoner from criminal detention

(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.

(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.

47B Person unlawfully at large

(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

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

(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.

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

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

(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).

47C Permitting escape

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

(a) the first person is:

(i) an officer of a prison, lock-up or other place of criminal detention; or

(ii) a constable; or

(iii) a Commonwealth officer; and

(b) the first person is charged for the time being with the criminal detention of another person (the prisoner ); and

(c) the first person intentionally or negligently permits the prisoner to escape from the detention; and

(d) the detention is lawful federal criminal detention.

Penalty: Imprisonment for 5 years.

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

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

48 Harbouring etc. an escapee

(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.

(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.