Author: Andrew George
Practice area: Public Order
Andrew is a founding Director of Doogue + George, ranked by Doyle's Guide as a Leading Criminal Defence Lawyer in Victoria (2026) and an LIV Accredited Criminal Law Specialist since 1995 with over 30 years of experience across all Victorian courts, tribunals and Royal Commissions. His depth of experience in this area means clients receive accurate, considered advice.
View full profile →Andrew authored this content and last revised it for accuracy on 5th August 2026.
What is the offence of Escaping From Lawful Custody?
Escaping From Lawful Custody is an offence under s 49E of the Summary Offences Act 1966 (Vic). It criminalises conduct where a person leaves, or attempts to leave, lawful detention without authority. The offence applies to custody by police or correctional authorities.
Key points
- The person must have been in lawful custody at the time.
- The conduct involves escaping or attempting to escape from that custody.
- The charge is dealt with in the Magistrates’ Court.
The maximum penalty for Escaping From Lawful Custody is 2 years imprisonment.
Common defences may include no attempt to escape, lack of intent, mistaken identity, or insufficient evidence.
Have you been accused of Escaping From Lawful Custody?
Police Interview
The police may want to interview you in relation to this charge because they suspect you are guilty. It is worth remembering that anything you tell the police can be used in evidence against you. It is also worth remembering that you have the right to say ‘no comment’ to police except where they ask for your name, address and date of birth. This is a safe option because you will avoid saying anything which may incriminate you. You can always tell your side of the story later on.
Before you speak to police you should speak to a criminal lawyer who can go through the procedures of a police interview and advise you on whether you should provide a comment interview.
Pleading Not Guilty
If you think you have been wrongly charged with this offence it is important to get in touch with a criminal lawyer as soon as possible who can discuss your options about contesting the charge. Our lawyers have dealt with this charge often and have achieved success. We will be able to help you navigate the complex criminal justice system and develop a strategy for your case if you decide to plead not guilty.
Pleading Guilty
Where there is strong evidence against you, you may decide to plead guilty. It is equally as important to have a lawyer represent you where this is the case. Our lawyers do court appearances at the Magistrates’ Court daily and will be able to assist you to put together a plea on your behalf that will get you the best possible outcome.
Examples of Escaping From Lawful Custody
- The Police pull over a man and he jumps out of his car and runs away.
- A woman is arrested and is in a police van. She tries to open the door to jump out.
- A man escapes from prison.
Defences
- You did not try to escape.
There are other possible defences, depending on the circumstances surrounding the alleged offending. Each matter is unique and requires an individual approach and strategy.
Questions in cases like this
- Can they prove that you tried to escape?
- Did you have a reason for leaving?
Maximum penalty and Court that deals with this charge
The maximum penalty for Escaping From Lawful Custody (s49E of the Summary Offences Act 1966) is 2 years imprisonment.
Escaping from lawful custody is the sort of summary offence regularly heard in the Magistrates’ Court.
Legislation
The section that covers this offence is section 49E of the Summary Offences Act 1966.
What is the legal definition of Escaping From Lawful Custody?
A person, while being lawfully detained, escapes or attempts to escape from custody.
Did you try to escape from the Police?
