section 144

INTRODUCTION AND BRIEF DESCRIPTION

Section 144 of the Criminal Code of Canada makes it an indictable offence to break out of prison with intent to escape or set others free.

SECTION WORDING

144 Every one who (a) by force or violence breaks a prison with intent to set at liberty himself or any other person confined therein, or (b) with intent to escape forcibly breaks out of, or makes any breach in, a cell or other place within a prison in which he is confined, is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

EXPLANATION

Section 144 of the Criminal Code of Canada outlines an indictable offense that is related to escaping from prison. The section makes it illegal for anyone to use force or violence in breaking a prison with the intention to escape or to set free someone who is confined within the facility. Additionally, any act that involves forcefully making a breach or breaking out of a cell or other place within a prison is considered a criminal offense under this section. The government of Canada has put strict laws in place to prevent prison escapes due to the potential risk it poses to the public. A prison escapee is a convicted criminal who poses a significant risk to society and can potentially flee and be at large for an extended period if they are successful. Therefore, this section of the Criminal Code of Canada acts as a deterrent to anyone who may intend to escape from prison or aid in the escape of another person. If found guilty of violating section 144, the offender can be subjected to imprisonment for up to ten years. It is a severe punishment and serves as a warning to anyone who may consider committing such acts. The legal system places a high value on public safety, and prison escapees can pose a great threat to Canada's societal well-being. Therefore, law enforcement officials must protect society by ensuring the violators of this section of the Criminal Code of Canada are appropriately punished.

COMMENTARY

Section 144 of the Criminal Code of Canada covers various types of prison breaches. It focuses on individuals who attempt to escape prison by using force, violence, or by breaking out of their confinement. Such actions are considered serious criminal offenses that attract severe consequences. The section defines two forms of prison escape, and the first one is by force or violence. It states that if an individual uses force or violence to break a prison and set themselves or others free from confinement, they commit an indictable offense. Whether it is through the use of weapons, tools or sheer physical strength, this type of prison break is considered a serious offense. The second type of prison escape is when an individual tries to escape forcibly by breaking out of their confinement or breaching any barrier within the prison. This action also constitutes a criminal offense. It is worth noting that this offense is not necessarily linked with any intended harm to any person or property. Therefore, even if an individual breaks out of prison without causing any harm, the action still attracts serious legal consequences. The punishment for either type of prison breach is imprisonment for a maximum of ten years. This is a relatively long sentence, and it serves to emphasize the government's stance on this offense. The law is clear that the government takes prison breaches seriously and punishes offenders accordingly. One reason why prison breaches are considered serious offenses by the law is because of the potential threat to public safety. When a person escapes from prison, they pose a significant threat to the community. They could commit more crimes, or worse still, target individuals who cooperated with the legal system and may retaliate against them. Furthermore, prison escapes can erode public trust in the justice system. The public expects that the justice system will adequately punish offenders and keep them away from the rest of the population. Offenders who escape from prison undermine that trust and can jeopardize the safety of the community. In conclusion, Section 144 of the Criminal Code of Canada is an essential provision for criminal justice in Canada. The provision serves as a deterrent to possible prison breaches and emphasizes the gravity of the offense. Prison escape missions are a significant threat to public safety, and the Canadian government is committed to ensuring that they do not happen. By imposing severe legal consequences, the law enforces the notion that prison is a place of confinement, and offenders cannot break free without facing appropriate punishments.

STRATEGY

When dealing with Section 144 of the Criminal Code of Canada, it is important to consider the specific circumstances and individual involved in the offense. The severity and intention of the offense can greatly affect the strategies that are employed. One important consideration is whether the individual was attempting to escape from a high-security facility or a lower-security facility, as this can greatly impact the degree of force that is used to re-capture the individual. In the case of high-security facilities, the use of deadly force may be authorized, while in lower-security facilities, less-lethal methods such as pepper spray or tasers may be used. Another consideration is the risk that the individual poses to public safety if they are able to successfully escape. If the individual is incarcerated for a violent crime or poses a high risk to public safety, it may be necessary to use more aggressive strategies to prevent their escape. It is also important to consider the potential harm that could come to the individual while attempting to re-capture them. If the individual is armed or has shown a willingness to use violence in the past, officers may need to use more protective equipment or employ tactics such as negotiation to avoid a potentially dangerous situation. Strategies that could be employed include the use of mobile tracking technology to quickly locate the individual after an escape attempt, increased security measures in high-risk facilities, and training for officers on how to handle different scenarios that may arise during a prison break. In addition to these strategies, a comprehensive risk assessment of each individual being held in a correctional facility can help to identify potential risk factors and develop targeted plans for preventing escape attempts. Overall, dealing with Section 144 of the Criminal Code of Canada requires a careful balance between protecting public safety and avoiding unnecessary harm to the individual. By considering the specific circumstances and employing targeted strategies, law enforcement officials can effectively prevent and manage escape attempts while minimizing potential risks.