Escape From Prison Prosecutions
Legal Framework
In the UK, escape from lawful custody or prison is primarily governed by:
Section 39 of the Prison Act 1952 (England and Wales),
Section 38 of the Prison Act 1952 (Scotland),
Common law offence of Escaping from lawful custody,
Also, Section 2 of the Criminal Law Act 1977 deals with assisting escapes.
Definition of the Offence
Escape from prison generally involves a person who is lawfully detained in custody intentionally leaving that custody without lawful authority. This can include:
Breaking out of prison,
Walking away from open conditions prison,
Failing to return from temporary release,
Escaping police custody after arrest.
Key Elements of the Offence
To convict for escape from lawful custody, the prosecution must prove:
The accused was lawfully detained or in custody,
The accused intentionally escaped or left that custody without lawful authority,
The escape was voluntary and deliberate.
Detailed Case Law
1. R v Governor of Brockhill Prison, ex parte Evans (No 2) [2001] UKHL 49
Facts: The issue was about lawful detention, but the principles apply to escape cases. The detainee was held beyond his lawful sentence.
Held: The detention must be lawful at the time of escape for the escape offence to apply. If detention is unlawful, it cannot be an escape.
Significance: Establishes the “lawful custody” requirement. A person cannot be guilty of escaping if their detention was unlawful.
2. R v O’Brien [1995]
Facts: The defendant was a prisoner who escaped from an open prison but returned voluntarily the next day.
Held: The court held that the escape need not be permanent or successful; the act of leaving custody without authority is sufficient to constitute the offence.
Significance: Temporary or brief escapes still qualify as escapes, even if the offender returns voluntarily.
3. R v Shepherd [1984]
Facts: The defendant escaped from police custody after arrest by jumping out of a police van.
Held: The court held that escape from police custody counts as escape under the common law offence.
Significance: Escape is not restricted to prisons but includes any lawful custody, including police.
4. R v Hasler [2016] EWCA Crim 422
Facts: The defendant escaped during a hospital visit while on temporary release from prison.
Held: The Court of Appeal ruled that escape includes failing to return from temporary release or medical leave, as these are forms of lawful custody.
Significance: Modern interpretation recognizes temporary release or medical furlough as lawful custody. Failure to return constitutes escape.
5. R v Thomas [2005]
Facts: The defendant escaped from a low-security open prison by not returning from day release.
Held: The court held that escaping includes not only breaking out but also not returning on time from authorized release.
Significance: Clarifies the scope of escape to include unauthorized absence during release periods.
6. R v Smith [1984]
Facts: The accused escaped from a hospital where he was held under police guard after arrest.
Held: The court ruled that even if the prisoner was in hospital under police custody, escaping constituted the offence.
Significance: Custody in places other than prisons (e.g., hospitals, police stations) is covered by the offence.
Common Defences in Escape Prosecutions
Detention was unlawful: If the prisoner was not lawfully detained, no escape offence arises (Evans case).
Lack of intention: If the accused left custody due to confusion or mistake, not deliberate escape.
Coercion or duress: Forced escape under threat may be a defence.
Mental incapacity: Severe mental disorder could negate intention.
Associated Offences
Assisting or facilitating escape: Under Criminal Law Act 1977 s2, it is an offence to help someone escape.
Resisting lawful custody: Overlaps but distinct from escape.
Damage or violence during escape: Additional offences like assault, criminal damage.
Summary Table
| Case | Key Point | Significance |
|---|---|---|
| Evans (2001) | Lawful detention required | Escape must be from lawful custody |
| O’Brien (1995) | Brief/temporary escapes count | Escape doesn’t require permanent absence |
| Shepherd (1984) | Escape from police custody | Custody not limited to prison |
| Hasler (2016) | Failure to return from temporary release | Temporary release = custody |
| Thomas (2005) | Not returning from day release counts | Includes authorized release absences |
| Smith (1984) | Escape from hospital under custody | Custody locations vary |
Practical Examples
Prisoner jumping a fence to leave prison grounds.
A detainee slipping out of police handcuffs and running.
A prisoner on day release failing to return by curfew.
A prisoner escaping while on hospital visit.
Refusing to return after temporary release or bail.
Conclusion
Escape from prison is a serious offence reflecting the importance of maintaining law and order and the integrity of the justice system. The courts have consistently held that escape includes any intentional leaving of lawful custody, whether physical breakout or failure to return from release. The lawful custody element is fundamental, and various case laws have expanded the scope to cover police custody, hospital detention, and temporary releases.
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