Document ID: chunk:federal_register_of_legislation:C2004A00794:clause:10_54
Version: federal_register_of_legislation:C2004A00794
Segment Type: clause
Provision Reference: sch 10 cl 54
Character Range: 35415–36456

54  After subsection 46(1)
Insert:

 (1A) For a person to be guilty of an offence against paragraph (1)(a), (aa) or (ab):
 (a) the person's conduct must have in fact aided the escape or attempted escape by the person in custody, under arrest or in detention (the escapee); and
 (b) the escapee must have actually escaped or attempted to escape.

 (1B) For a person to be guilty of an offence against paragraph (1)(a), (aa) or (ab), the person must have intended that his or her conduct would aid the escape or attempted escape by the escapee.

 (1C) A person cannot be found guilty of an offence against paragraph (1)(a), (aa) or (ab) if, before the escape or attempted escape, the person:
 (a) terminated his or her aid to the escapee; and
 (b) took all reasonable steps to prevent the escape or attempted escape.

 (1D) A person may be found guilty of an offence against paragraph (1)(a), (aa) or (ab) even if the escapee has not been prosecuted, or has not been found guilty of an offence, in relation to the escape or attempted escape.