Escaping From Lawful Custody
Sentencing in the Magistrates’ Courts of Victoria
- 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.
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.
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?”