Section 310B Crimes Act 1900
Rescuing Inmate

updated on

Rescuing an inmate from lawful custody is an offence under section 310B of the Crimes Act 1900, which carries a maximum penalty of 14 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You rescued a person from lawful custody, or you attempted to rescue a person from lawful custody
  2. You did so by the use of force, and
  3. The person was an inmate.

For the purposes of the offence, an ‘inmate’ includes:

  1. A person detained in a correctional centre, whether on remand, sentenced or otherwise lawfully detained there, and
  2. A detainee held in an immigration detention centre.

It does not include:

  1. A person in lawful custody for the purpose of serving an intensive correction order, or
  2. A detainee in a youth detention centre.

Defences to the charge include:

  1. Duress
  2. Necessity, and
  3. Self-defence, which includes the defence of another.

If you are going to court for the offence of Rescuing Inmate, call Sydney Criminal Lawyers 24/7 on (02) 9261 8881 to arrange a free first conference with an experienced defence lawyer who will advise you of your options and the best way forward, and fight to secure the optimal outcome.

Read on for more information.

The Legislation

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