Escaping From Lawful Custody

Escaping From Lawful Custody

Escaping From Lawful Custody means that while you were in Police custody you ran away or tried to run away.

Sentencing in the Magistrates’ Courts of VictoriaSentencing Statistics Pie Chart for Escape (or Attempt to) From Lawful Custody in the Magistrates' Courts

  • 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.

  • 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.

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?”