Have you been charged with Escaping from Lawful Custody?
You may have potential defences available to you that you were unaware of. For example, can the prosecution establish all elements of the charge? Were you aware that you were being lawfully detained or were in custody?
To achieve the best outcome in relation to your charge, you should seek expert legal advice immediately.
For more information on Escaping from Lawful Custody please read below.
Elements of the offence
Section 49E of the Summary Offences Act 1966
The prosecution must prove:
The defendant was in lawful custody or lawfully detained; and
That defendant escaped or attempted to escape from custody.
The maximum penalty
2 years imprisonment.
Where will my case be heard?
A charge of Escaping from Lawful Custody will be heard in the Magistrates’ Court.
What to do next?
Escaping from Lawful Custody is a serious charge that carries with it the possibility of imprisonment if convicted. To ensure the best possible outcome, contact one of our expert criminal lawyers today.
The legislation
Section 49E Escaping from lawful custody etc.
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.
