PART 1Police reform

CHAPTER 15Offences

91Escape from custody

1

It is an offence for a person—

a

to remove a person from custody, or

b

to assist the escape of a person in custody.

2

The reference in subsection (1) to a person in custody is to be construed as a reference to a person—

a

who is in the lawful custody of a person (“A”) acting in a capacity mentioned in subsection (3) or a person assisting A while A is acting in such capacity, or

b

who is in the act of eluding or escaping from such custody, whether or not the person has actually been arrested.

3

The capacities are—

a

that of a constable,

b

that of a police custody and security officer,

c

that of a member of a relevant police force when such member is executing a warrant or is otherwise acting in Scotland by virtue of any enactment conferring powers on the member in Scotland,

d

that of a person who—

i

is a member of an international joint investigation team that is led by a person acting in a capacity mentioned in paragraph (a) or (c), and

ii

is carrying out functions as a member of that team.

4

A person who is guilty of an offence under subsection (1) is liable on summary conviction to imprisonment for a period not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both.