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Armed Forces Discipline Act 1971

Offences - Offences relating to arrest and escape from custody

46: Permitting the escape of prisoners

You could also call this:

"Letting a prisoner escape on purpose can get you in trouble"

Illustration for Armed Forces Discipline Act 1971

If you are in the Armed Forces and you let a prisoner escape on purpose, you can get in trouble. You might go to prison for up to 5 years if you release a prisoner without permission or let them escape when you are supposed to be guarding them. If you are supposed to be watching a prisoner and you let them escape without a good reason, or if you release them without permission, you can also get in trouble and might go to prison for up to 2 years. You can also get in trouble if you try to help a prisoner escape from a prison or a service penal establishment by bringing something into the prison that can help them escape, or by doing something else that helps them escape. If you do something to help a prisoner escape, like bringing something into the prison or doing something that helps them get away, you might go to prison for up to 2 years.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM402724.

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Crime and justice > Criminal lawCrime and justice > Police and safety
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"Not showing up to court when you're supposed to"

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47: Desertion, or

"Leaving your job in the armed forces without permission is called desertion"

Part 2Offences
Offences relating to arrest and escape from custody

46Permitting the escape of prisoners

  1. Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 5 years, who, wilfully and without authority, releases or wilfully permits the escape of any person who is committed to his charge or whom it is his duty to guard.

  2. Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 2 years, who—

  3. without authority, releases a person who is committed to his charge or whom it is his duty to guard; or
    1. without lawful excuse, permits the escape of a person who is committed to his charge or whom it is his duty to guard; or
      1. with intent to facilitate the escape of any person lawfully detained in a prison or a service penal establishment—
        1. conveys or causes to be conveyed into any such prison or establishment any thing whatsoever; or
          1. otherwise facilitates the escape of any person so detained.

          Notes
          • Section 46(2)(c): amended, on , by section 206 of the Corrections Act 2004 (2004 No 50).
          • Section 46(2)(c)(i): amended, on , by section 206 of the Corrections Act 2004 (2004 No 50).