What is Escape from Lawful Custody?

Escape from lawful custody is a provision of the Criminal Code that mostly deals with individuals who think it’s a good idea to run away from the police following their arrest.  It also covers individuals who escape from jail or do not comply with the terms of their parole.

The Criminal Code of Canada states:
145. (1)
Every one who
(a) escapes from lawful custody, or
(b) is, before the expiration of a term of imprisonment to which he was sentenced, at large in or out of Canada without lawful excuse, the proof of which lies on him, is guilty

Escape from Lawful Custody is a hybrid offence which means the crown can proceed by summary conviction or indictment.  If the crown proceed summarily the maximum penalty is a $5,000 fine and/or 6 months in jail.  If the crown proceeds by indictment the maximum sentence is two years in jail.

Frequently Asked Questions:
How Will a Criminal Record Affect Me?
What Are the Stages of  a Criminal Case?
What Happens if I get Arrested?
What is a Bail Hearing?
What Happens on my First Appearance?
What is Disclosure in a Criminal Case?
What is a Crown Pre-Trial?
What is a Judicial Pre-Trial?
How Does a Criminal Trial Work? 

IF YOU OR A LOVED ONE HAVE BEEN CHARGED WITH ESCAPE LAWFUL CUSTODY, CALL OUR OFFICE NOW FOR A FREE CONSULTATION.

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