The defendant had been stopped as a result of erratic driving and breathalysed. The test proving positive, the defendant was told that we would be taken in custody to a police station and he was placed in a police car. He was then left alone for some considerable time whereafter he got out of the car and walked into a public house on the opposite side of the road where he remained for about an hour.
At some stage the police followed him but could not find him, although it was not suggested he was actively seeking to conceal himself. The defendant in due course gave himself up at the police station and he was charged with escape. A motion to dismiss the ensuing indictment was refused.
Held: The offence of escape from lawful custody is not limited to those who escape from prison, or remand centres, or similar institutions following an order of the sentencing court, or for that matter following a remand in custody, but that it does extend to those who do so after they have been arrested by the police.
Citations:
[1976] Crim LR 129
Jurisdiction:
England and Wales
Cited by:
Cited – Regina v Dhilon (Pritpal) CACD 23-Nov-2005
The defendant appealed his conviction for escaping from lawful custody. He had been arrested, but then taken to and left at a local hospital. No officer stayed with him, and he later left and went home.
Held: His appeal succeeded. All the . .
Cited – Dhillon, Regina v CACD 23-Nov-2005
The defendant had been arrested and then taken to hospital for treatment. On completion of his treatment, he could not find the constable, so went home. He now appealed from conviction of escape contrary to common law.
Held: The prosecution . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 23 November 2022; Ref: scu.236328