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Escape From Lawful Custody

What the law says

Sections 142 of the Criminal Code Queensland states:

A person who escapes 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.

The accused:

  1. was in lawful custody- A person is in lawful custody if he has been arrested and detained or imprisoned in a manner that has been authorised by law.

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 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

The accused

  1. was not in lawful custody
  2. the arrest was illegal
  3. did not escape

Criminal Law Article written by Bill Potts (a Queensland criminal defence lawyer who has experience in Escape from Lawful Custody matters)


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