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, F126[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 F127[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 F128[for any term not exceeding two years] or any less punishment awardable by a court-martial.

Annotations

Amendments:

F126

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

F127

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

F128

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