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
3. whether convicted or not, escapes from any prison in which he or she is lawfully detained; or
4. 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
5. 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
6. being in lawful custody otherwise than aforesaid, escapes from such custody.

7. 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 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).
• Section 120(1)(ba): replaced, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).
• Section 120(1)(ba): amended, on 1 July 2013, by section 6 of the Crimes Amendment Act (No 4) 2011 (2011 No 85).
• Section 120(1)(bb): inserted, on 12 December 2014, by section 141(2) of the Public Safety (Public Protection Orders) Act 2014 (2014 No 68).