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ADLA member for - QLD

Written by
Bill Potts
Director - Criminal Lawyer


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Other Criminal Offences - QLD
Welcome to the QLD Escape From Lawful Custody article page. Everything you need to know about Escape From Lawful Custody according to QLD law - Dated: 09/01/2009

What the Law States according to QLD Law for Escape From Lawful Custody
According to QLD Law for the charge of Escape From Lawful Custody,

Sections 142 of the Criminal Code Queensland states:

A person who escapes from lawful custody is guilty of a crime.

The Maximum Penalty - Escape From Lawful Custody
According to QLD Law for the charge of Escape From Lawful Custody, The Maximum penalty for the offence of Escape from Lawful Custody is 7 years imprisonment.

What the Police must prove according to QLD Law for Escape From Lawful Custody

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.

The accused:

(1) was in lawful custody- A person is in lawful custody if he has been arrested and detained or imprisoned in a manner that has been authorised by law.

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.

Possible Defences under QLD Law - Escape From Lawful Custody

Possible defences to this offence include but are not limited to

The accused

(1) was not in lawful custody

(2) the arrest was illegal

(3) did not escape

In QLD which court will hear the matter - Escape From Lawful Custody
This matter is indictable which can only be dealt with in the District Court.

Criminal Law Article written by Bill Potts (a Queensland criminal defence lawyer who has experience in Escape from Lawful Custody matters)

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