Section 122 — Crimes Act 1961: Assisting escape of mentally impaired person detained for offence

122 Assisting escape of mentally impaired person detained for offence Every one is liable to imprisonment for a term not exceeding 5 years who— (a) rescues any person who is ordered to be detained as a special patient under the Mental Health (Compulsory Assessment and Treatment) Act 1992 or as a special care recipient under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 while that person is being taken to or from a hospital within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992 , or a secure facility within the meaning of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 , or any other place; or (b) being a constable, an officer of a prison, a security officer within the meaning of section 3(1) of the Corrections Act 2004 , or an officer of or employee in any hospital within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992 , or a secure facility within the meaning of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 , and who has in his or her custody any person lawfully detained as a special patient under the Mental Health (Compulsory Assessment and Treatment) Act 1992 or as a special care recipient under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 , voluntarily and intentionally permits that person to escape from custody, whether while the person is being taken to or from any of the places specified in paragraph (a) or otherwise. Paragraph (a) was amended, as from 1 April 1970, by section 5(1) Criminal Justice Amendment Act 1969 (1969 No 73) by substituting the words “ Part 4 of the Mental Health Act 1969 or Part 5A of the Criminal Justice Act 1954 or to or from any hospital within the meaning of the Mental Health Act 1969 ” for the words “ Part 4 of the Mental Health Act 1911, to or from any institution under that Act ” . Paragraph (a) was amended, as from 1 October 1985, by section 7(1) Crimes Amendment Act (No 2) 1985 (1985 No 121) by substituting the words “ Part 7 of the Criminal Justice Act 1985 ” for the words “ Part 5A of the Criminal Justice Act 1954 ” . Paragraph (b) was amended, as from 1 April 1970, by section 5(1) Criminal Justice Amendment Act 1969 (1969 No 73) by substituting the words “ any hospital within the meaning of the Mental Health Act 1969 ” for the words “ any institution within the meaning of the said Act ” . Paragraph (b) was amended, as from 1 April 1970, by section 5(1) Criminal Justice Amendment Act 1969 (1969 No 73) by inserting the words “ or the said Part 5A ” . Paragraph (b) was amended, as from 1 October 1985, by section 7(2) Crimes Amendment Act (No 2) 1985 (1985 No 121) by substituting the expression “ Part 7 ” for the expression “ Part 5A ” . Paragraph (b) was amended, as from 1 March 1995, by section 27(2) Penal Institutions Amendment Act 1994 (1994 No 120) by inserting after the word “ institution, ” the words “ a security officer within the meaning of section 2 of the Penal Institutions Act 1954, ” . See clause 3(1) Penal Institutions Amendment Act Commencement Order 1995 (SR 1995/3). Section 122 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). Paragraph (a) was to have been 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 ” . However, this amendment appears to have been made redundant by the substitution of section 122, as from 1 September 2004, see above. See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52). Paragraph (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). Paragraph (b) 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).