47C
In forcePermitting escape
Volume 3Parts ID to VIII (sections 23WA to 91), Schedule, Endnotes
Part IIIOffences relating to the administration of justice
Division 5Escape from criminal detention
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.
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