Section 121 — Crimes Act 1961: Assisting escape from lawful custody

121 Assisting escape from lawful custody (1) Every one is liable to imprisonment for a term not exceeding 7 years who— (a) Rescues any person from lawful custody, whether in a prison or not; or (b) Assists any person in escaping or attempting to escape from lawful custody, whether in a prison or not; or (c) With intent to facilitate the escape of any person lawfully detained in a prison, conveys or causes to be conveyed into any prison any thing whatever. (2) Every one is liable to imprisonment for a term not exceeding 7 years who— (a) Being a constable who has any person in his lawful custody, voluntarily and intentionally permits that person to escape from such custody: (aa) Being a security officer (within the meaning of section 3(1) of the Corrections Act 2004 ) in whose custody any person is lawfully detained, voluntarily and intentionally permits that person to escape from such custody: (b) Being an officer of a prison in which any person is lawfully detained, voluntarily and intentionally permits that person to escape from the prison. (3) Every one is liable to imprisonment for a term not exceeding one year who, by failing to perform any legal duty, permits any person in his lawful custody to escape. (4) For the purposes of this section, custody under an irregular warrant or other irregular process shall be deemed to be lawful. Compare: 1908 No 32 ss 144, 145, 146, 147, 149; 1954 No 51 part Schedule 1 Subsections (1) and (2) were 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 ” wherever they appeared. See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52). Subsection (2)(aa) was inserted, as from 1 March 1995, by section 27(1) Penal Institutions Amendment Act 1994 (1994 No 120). See clause 3(1) Penal Institutions Amendment Act Commencement Order 1995 (SR 1995/3). Subsection (2)(aa) was amended, as from 1 June 2005, by section 206 Corrections Act 2004 (2004 No 50) by substituting the words “ section 3(1) of the Corrections Act 2004 ” for the words “ section 2 of the Penal Institutions Act 1954 ” . See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).