(1) A person who constructs, or takes part in the construction of, a tunnel
that could reasonably be thought likely to be intended for use in facilitating
an inmate's escape from lawful custody is guilty of an offence.
: Maximum
penalty--imprisonment for 10 years.
(2) It is not necessary for the
prosecution to prove that the tunnel was actually intended for use in
facilitating an escape, but it is a defence for the accusedperson to
establish that he or she did not intend it to be so used.
(3) In this
section--
"tunnel" includes any partially completed tunnel and any excavation.
