Other Criminal Offences – VIC

Welcome to the VIC Escaping from lawful custody article page. Everything you need to know about Escaping from lawful custody according to VIC law.

What the Law States according to VIC Law for Escaping from lawful custody

According to VIC Law for the charge of Escaping from lawful custody,

Summary Offences Act 1966 – SECT 49E
Escaping from lawful custody

49E. Escaping from lawful custody

A person must not escape or attempt to escape from-

(a) any place in which he or she is being lawfully detained; or

(b) any person in whose legal custody he or she is or by whom he or she is being lawfully detained.

Penalty: 2 years imprisonment.

The Maximum Penalty – Escaping from lawful custody

According to VIC Law for the charge of Escaping from lawful custody, 2 years imprisonment.

What the Police must prove according to VIC Law for Escaping from lawful custody

1. The accused was being lawfully detained, or in the legal custody of a person
2. That the accused escaped, or attempted to escape from that custody

Possible Defences under VIC Law – Escaping from lawful custody

1. Factual dispute
2. The detention was unlawful
3. Lack of intent

In VIC which court will hear the matter – Escaping from lawful custody

Magistrates’ Court

 

Date: 09/01/2009