Defence Act 1954

Negligent or wilful interference with lawful custody.

145

145.Every person subject to military law—

( a) who, without proper authority, sets free or authorises or otherwise facilitates the setting free of any person in custody, or

( b) who negligently or wilfully allows to escape any person who is committed to his charge, or whom it is his duty to guard or keep in custody, or

( c) who assists any person in escaping or attempting to escape from custody,

is guilty of an offence against military law and shall, F102 [ where a charge under this section is disposed of summarily under section 177C, 178C or 179C, as the case may be, be liable to suffer any punishment awardable thereunder or, ] on conviction by court-martial, be liable, in case he acted wilfully, to suffer F103 [ imprisonment for a term not exceeding seven years ] or any less punishment awardable by a court-martial and, in any other case, to suffer imprisonment F104 [ for any term not exceeding two years ] or any less punishment awardable by a court-martial.

Annotations:

Amendments:

F102

Inserted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 21, sch. 6, S.I. No. 254 of 2008.

F103

Substituted (22.07.1997) by Criminal Law Act 1997 (14/1997), s. 14 and sch. 2, para. 5, commenced as per s. 1.

F104

Inserted (11.07.1990) by Criminal Justice Act 1990 (16/1990), s. 7 and sch. 1, para. 4(e), commenced on enactment.