What the law says
Sections 144 of the Criminal Code Queensland states:
A person who harbours, maintains or employs another person knowing that the other person has escaped from lawful custody 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.
- harbours maintains or employs another person;
- knowing that;
- the other person has escaped from lawful custody.
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.
The Maximum penalty for the offence of Harbouring Escaped Prisoners is 2 years imprisonment.
Which court will hear the matter
This matter is summary which can only be dealt with in the Magistrates Court.
Possible defences to this offence include but are not limited to
- The person was not in lawful custody
- The person did not escape
- The accused did not know the person had escaped from lawful custody.
- The accused did not harbour, maintain or employ the person.