Part 6
Crimes affecting the administration of law and justice

Escapes and rescues

118 Assisting escape of prisoners of war or internees

Every one is liable to imprisonment for a term not exceeding 7 years who knowingly and wilfully—

(a) assists any prisoner of war detained in New Zealand, or any person interned in New Zealand, to escape from any place in which he is for the time being detained; or

(b) assists any such prisoner or person as aforesaid, suffered to be at large on his parole in New Zealand, to escape from the place where he is at large on his parole.



119 Breaking prison

Every one is liable to imprisonment for a term not exceeding 7 years who by force or violence breaks any prison, with intent to set at liberty himself or any other person detained therein.


120 Escape from lawful custody

(1) Every one is liable to imprisonment for a term not exceeding 5 years who,—

(a) having been convicted of an offence, escapes from any lawful custody in which he may be under the conviction; or

(b) whether convicted or not, escapes from any prison in which he is lawfully detained; or

(ba) being subject to an order or direction made under any of sections 38, 42, and 44 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 or section 169 of the Criminal Procedure Act 2011, escapes from the place in which he or she is required to stay under the order; or

(c) being in lawful custody otherwise than aforesaid, escapes from such custody.

(2) For the purposes of this section, custody under an illegal war-rant or other irregular process shall be deemed to be lawful.


121 Assisting escape from lawful custody

(1) Every one is liable to imprisonment for a term not exceeding 7 years who—

(a) rescues any person from lawful custody, whether in a prison or not; or

(b) assists any person in escaping or attempting to escape from lawful custody, whether in a prison or not; or

(c) with intent to facilitate the escape of any person law
fully detained in a prison, conveys or causes to be conveyed into any prison any thing whatever.

(2) Every one is liable to imprisonment for a term not exceeding 7 years who—

(a) being a constable who has any person in his lawful custody, voluntarily and intentionally permits that person to escape from such custody:

(aa) being a security officer (within the meaning of section 3(1) of the Corrections Act 2004) in whose custody any person is lawfully detained, voluntarily and intentionally permits that person to escape from such custody:

(b) being an officer of a prison in which any person is lawfully detained, voluntarily and intentionally permits that person to escape from the prison.

(3) Every one is liable to imprisonment for a term not exceeding 1 year who, by failing to perform any legal duty, permits any person in his lawful custody to escape.

(4) For the purposes of this section, custody under an irregular warrant or other irregular process shall be deemed to be lawful.


122 Assisting escape of mentally impaired person detained for offence

Every one is liable to imprisonment for a term not exceeding 5 years who—

(a) rescues any person who is ordered to be detained as a special patient under the Mental Health (Compulsory Assessment and Treatment) Act 1992 or as a special care recipient under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 while that person is being taken to or from a hospital within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992, or a secure facility within the meaning of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003, or any other place; or

(b) being a constable, an officer of a prison, a security officer within the meaning of section 3(1) of the Corrections Act 2004, or an officer of or employee in any hospital within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992, or a secure facility within the meaning of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003, and who has in his or her custody any person lawfully detained as a special patient under the Mental Health (Compulsory Assessment and Treatment) Act 1992 or as a special care recipient under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003, voluntarily and intentionally permits that person to escape from custody, whether while the person is being taken to or from any of the places specified in paragraph (a) or otherwise.