Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person (the first person ) commits an offence if:
(a) the first person is:
(i) an officer of a prison, lock - up or other place of criminal detention; or
(ii) a constable; or
(iii) a Commonwealth officer; and
(b) the first person is charged for the time being with the criminal detention of another person (the prisoner ); and
(c) the first person intentionally or negligently permits the prisoner to escape from the detention; and
(d) the detention is lawful federal criminal detention.
Penalty: Imprisonment for 5 years.
(2) Absolute liability applies to the paragraph (1)(d) element of the offence.
Note: For absolute liability, see section 6.2 of the Criminal Code .