Part 1

Offences

Offences against service justice

Allowing escape, or unlawful release, of prisoners etc
30
1
A person subject to service law commits an offence if—
a
he knows that a person is committed to his charge, or that it is his duty to guard a person;
b
he does an act that results in that person's escape; and
c
he intends to allow, or is reckless as to whether the act will allow, that person to escape, or he is negligent.
2
A person subject to service law commits an offence if—
a
he knows that a person is committed to his charge;
b
he releases that person without authority to do so; and
c
he knows or has reasonable cause to believe that he has no such authority.
3
In this section “act” includes an omission and the reference to the doing of an act is to be construed accordingly.
4
A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 164, but any sentence of imprisonment imposed in respect of the offence must not exceed—
a
in the case of an offence under subsection (1) where the offender intended to allow the person to escape, or an offence under subsection (2) where the offender knew he had no authority to release the person, ten years;
b
in any other case, two years.
S. 30 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
S. 30 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4