PART 13OFFENCES

Assisting persons to absent themselves without permission270

(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.