Aiding Persons To Escape From Lawful Custody

Aiding persons to escape from lawful custody refers to a criminal act in which an individual knowingly and intentionally assists another person who is lawfully held in custody to escape from that custody. This assistance can take various forms, including physical actions, providing tools or means for escape, or coordinating efforts to help someone evade lawful detention.

The offence is aimed at preserving the security of custodial settings and ensuring that individuals do not evade the legal consequences of their actions. Convictions for aiding persons to escape from lawful custody can result in severe penalties, including imprisonment.

Aiding persons to escape from lawful custody is a serious criminal offence and if found guilty, can have serious implications on your life, such as limiting travel to certain countries or employment.

For information and advice specific to your matter, it’s recommended you speak with a criminal defence lawyer as soon as possible. Call our 24 hour crime line now on 0488 999 980 for a free case evaluation or submit an enquiry online.

What the law says

Sections 141 of the Criminal Code Queensland states:

A person who

• (a) aids a person in lawful custody to escape, or to attempt to escape, from lawful custody; or
• (b) conveys anything to a person in lawful custody, or to a place where a person is or will be in lawful custody, with the intention of aiding a person to escape from lawful custody; or
• (c) frees a person from lawful custody without authority

is guilty of a crime.

What the police must prove

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.

• (A) The accused:
  1. (1) Aids:
  2. (2) A person in lawful custody;
  3. (3) To escape or attempt to escape;
  4. (4) From lawful custody; or
• (B) The accused:
  1. (1) conveys anything;
  2. (2) to a person or to a place where a person will be in lawful custody;
  3. (3) with the intention of aiding that person to escape; or
• (C) The accused
  1. (1) frees;
  2. (2) a person from lawful custody;
  3. (3) without authority.

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.

Maximum penalty

The Maximum penalty for the offence of Aiding Persons to Escape from Lawful Custody is 7 years imprisonment.

Which court will hear the matter

This matter is indictable which can only be dealt with in the District Court.

Possible defences

Possible defences to this offence include but are not limited to

1. The person was not in lawful custody
2. The person did not escape
3. The accused did not aid the person to escape.
4. The accused did not convey anything to the person in lawful custody, or to a place where the person is in lawful custody.
5. The accused did not free the person from lawful custody.