Section 120 — Crimes Act 1961: Escape from lawful custody

120 Escape from lawful custody (1) Every one is liable to imprisonment for a term not exceeding 5 years who,— (a) Having been convicted of an offence, escapes from any lawful custody in which he may be under the conviction; or (b) Whether convicted or not, escapes from any prison in which he is lawfully detained; or (ba) 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 171(2) of the Summary Proceedings Act 1957 , escapes from the place in which he or she is required to stay under the order; or (c) Being in lawful custody otherwise than aforesaid, escapes from such custody. (2) 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 part Schedule 1 Subsection (1)(b) was amended, as from 1 June 2005, by section 206 Corrections Act 2004 (2004 No 50) by substituting the word “ prison ” for the words “ penal institution ” . See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52). Subsection (1)(ba) was inserted, as from 1 October 1985, by section 6 Crimes Amendment Act (No 2) 1985 (1985 No 121). Subsection (1)(ba) was amended, as from 30 June 2002, by section 186 Sentencing Act 2002 (2002 No 9), by omitting the words “ pursuant to section 120 or ” . See sections 148 to 160 Sentencing Act 2002 (2002 No 9) for the savings and transitional provisions. See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176). Subsection (1)(ba) was substituted, as from 1 September 2004, by section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115). See clause 2 Criminal Procedure (Mentally Impaired Persons) Act Commencement Order 2004 (SR 2004/147).