PART 13OFFENCES
I1270Assisting persons to absent themselves without permission
1
A person commits an offence if—
a
the person knows that another person (“P”) is, by virtue of this Act, liable to be detained in a place in circumstances amounting to a deprivation of liberty; and
b
the person induces, or intentionally assists, P to absent himself or herself without permission from that place.
2
A person commits an offence if—
a
the person knows that another person (“P”) is, by virtue of this Act, liable to be detained in a place (“the relevant place”) in circumstances amounting to a deprivation of liberty;
b
P has absented himself or herself without permission from the relevant place; and
c
the person—
i
allows P to live or stay with the person, knowing that P absented himself or herself without permission from the relevant place; or
ii
gives P any assistance with the intention of preventing, delaying or interfering with P's being returned to detention.
3
A person commits an offence if—
a
the person knows that another person (“P”) is, by virtue of this Act, liable to be detained in a place in circumstances amounting to a deprivation of liberty;
b
P is being taken to that place; and
c
the person induces, or intentionally assists, P to escape.
4
In subsections (1) and (2) references to P absenting himself or herself without permission from a place where P is liable to be detained (“the relevant place”) include—
a
P failing to return to the relevant place at the end of an occasion or period for which P was given permission to be absent, or on being recalled from a permitted absence; and
b
P absenting himself or herself, without permission, from a place where P is required to be by conditions imposed on the grant of a permission for absence from the relevant place.
5
A person guilty of an offence under this section is liable—
a
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
b
on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine or both.