Victorian Consolidated Legislation

Crimes Act 1958 - SECT 479C

Escape and related offences

479C. Escape and related offences





(1) A person who, whether by force or not, escapes or attempts to escape-

   (a)  from a prison or police gaol; or

   (b)  if the person is in the legal custody of the Secretary to the
        Department of Justice or the Chief Commissioner of Police, from the
        physical custody of-

   (i)  an officer within the meaning of Part 5 of the Corrections Act 1986 or
        an escort officer under that Act; or

   (ii) a member of the police force; or

   (iii) a person acting on lawful authority on behalf of the Secretary or the
        Chief Commissioner-

is guilty of an indictable offence punishable on conviction by level 6
imprisonment (5 years maximum).

(2) A prisoner who is authorized to be absent from a prison under the
Corrections Act 1986 and who-

   (a)  does not return to prison when the instrument of authority expires or
        when otherwise required by the instrument to do so; or

   (b)  is required by the instrument authorizing the absence to be under the
        supervision of another person and wilfully ceases to be under that
        supervision; or





   (c)  does not return to prison upon being informed by an officer of the
        Office of Corrections or a member of the police force that the
        instrument authorizing the absence has been revoked-

is guilty of an indictable offence punishable on conviction by level 6
imprisonment (5 years maximum).

(3) A prisoner who is outside a prison or a police gaol but in custody and who
wilfully ceases to be in custody is guilty of an indictable offence punishable
on conviction by level 6 imprisonment (5 years maximum).

(4) For the purposes of subsection (3), prisoner includes a person who is in
the custody of a court.







(5) Evidence that a prisoner has, without reasonable excuse, left a cell, or
attempted to avoid detection by officers at a prison or police gaol is
evidence that the prisoner is attempting to escape from the prison or police
gaol.

(6) Sections 325, 459 and 459A apply to offences under this section and
section 479B as if the offences were serious indictable offences.



* * * * *





* * * * *

(3) Execution of sentences



* * * * *