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Crimes Act 1961

Crimes affecting the administration of law and justice - Escapes and rescues

120: Escape from lawful custody

You could also call this:

"Running away from police or prison can lead to up to 5 years in jail"

Illustration for Crimes Act 1961

If you escape from lawful custody, you can be imprisoned for up to 5 years. This can happen if you have been convicted of a crime and escape from custody, or if you escape from prison. You can also be imprisoned if you escape from a place where you are required to stay under a court order, such as an order made under sections 38, 42, or 44 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 or section 169 of the Criminal Procedure Act 2011.

You can also be imprisoned if you escape from a residence where you are required to stay under a public protection order made under the Public Safety (Public Protection Orders) Act 2014. If you are in lawful custody for any other reason and you escape, you can be imprisoned for up to 5 years.

For the purposes of this law, custody under an illegal warrant or other irregular process is considered lawful.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM329014.

Topics:
Crime and justice > Criminal lawCrime and justice > Police and safety
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Part 6Crimes affecting the administration of law and justice
Escapes and rescues

120Escape from lawful custody

  1. Every one is liable to imprisonment for a term not exceeding 5 years who,—

  2. having been convicted of an offence, escapes from any lawful custody in which he or she may be under the conviction; or
    1. whether convicted or not, escapes from any prison in which he or she is lawfully detained; or
      1. being subject to an order or direction made under any of sections 38, 42, and 44 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 or section 169 of the Criminal Procedure Act 2011, escapes from the place in which he or she is required to stay under the order; or
        1. being subject to a public protection order made under the Public Safety (Public Protection Orders) Act 2014, escapes from the residence in which he or she is required to stay under that Act; or
          1. being in lawful custody otherwise than aforesaid, escapes from such custody.

            1. For the purposes of this section, custody under an illegal warrant or other irregular process shall be deemed to be lawful.

            Compare
            • 1908 No 32 ss 142, 143, 147(2)
            • 1954 No 51 Schedule 1
            Notes
            • Section 120(1)(b): amended, on , by section 206 of the Corrections Act 2004 (2004 No 50).
            • Section 120(1)(ba): replaced, on , by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).
            • Section 120(1)(ba): amended, on , by section 6 of the Crimes Amendment Act (No 4) 2011 (2011 No 85).
            • Section 120(1)(bb): inserted, on , by section 141(2) of the Public Safety (Public Protection Orders) Act 2014 (2014 No 68).