INTRODUCTION AND BRIEF DESCRIPTION
This section outlines the criminal offence and penalty for rescuing or aiding in the escape of a person from lawful custody.
SECTION WORDING
147 Every one who (a) rescues any person from lawful custody or assists any person in escaping or attempting to escape from lawful custody, (b) being a peace officer, wilfully permits a person in his lawful custody to escape, or (c) being an officer of or an employee in a prison, wilfully permits a person to escape from lawful custody therein, is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
EXPLANATION
Section 147 of the Criminal Code of Canada deals with the offence of helping someone escape from lawful custody. This offence applies to three categories of people: those who rescue someone from custody, those who assist someone in escaping or attempting to escape from custody, and peace officers or prison employees who wilfully permit someone to escape from lawful custody. The penalty for this offence is imprisonment for a maximum term of five years. It is considered a serious criminal offence that can have significant consequences for the individual who has committed it. The reason for this is that helping someone to escape from custody undermines the legal system's ability to maintain order, protect society, and ensure justice for victims. Section 147 is an important provision of the Criminal Code of Canada because it helps to ensure that people cannot evade justice by escaping from custody. By imposing serious penalties on individuals who help others escape from custody, the Criminal Code seeks to deter people from committing such offences and to maintain the integrity of the justice system. In conclusion, section 147 of the Criminal Code of Canada serves an important role in the legal system by punishing those who undermine the legal system's ability to maintain order, protect society, and ensure justice by assisting others in escaping lawful custody. As such, it plays a crucial role in upholding the rule of law and ensuring that justice is served.
COMMENTARY
Section 147 of the Criminal Code of Canada deals with the offense of assisting or facilitating an escape of a person from lawful custody. This provision is intended to ensure that those who have been legally arrested and detained do not escape from custody either by their own efforts or with the help of others. Subsection (a) of Section 147 states that any person who helps someone to escape from lawful custody or rescues a person from the custody of law enforcement officers is guilty of an indictable offense. This section covers a wide range of actions that can facilitate an escape from custody, including providing tools, weapons, or any other means that can aid in an escape attempt. Subsection (b) of this section covers the case in which an officer of the law, also known as a peace officer, willfully permits a person in his custody to escape. This subsection applies to police officers and other law enforcement agents who have detained an individual for criminal activities. If a peace officer is found guilty of this offense, he or she may be sentenced to imprisonment for a term not exceeding five years. Subsection (c) of this section deals with prison staff who willfully allow any person who is confined to escape. It applies to individuals employed in correctional facilities that house detainees and convicted persons. This provision is intended to ensure that prison staff members do not collude with inmates or compromise the security of the facility, leading to their escape. The penalties for violating any of the provisions of Section 147 depend on whether the offense is classified as a summary conviction or indictable offense. Conviction under subsection (a) may result in either summary conviction or indictment, and the convicted person may be liable to imprisonment for a term not exceeding two years. But, if the offense is classified as an indictable offense, the convicted person can be liable for imprisonment for a term not exceeding five years. Offenses that fall under Subsections (b) and (c) are classified as indictable offenses and carry the potential for imprisonment for up to five years. Section 147 is essential in maintaining the integrity of Canada's justice system and ensures that the law enforcement agencies and prison systems operate smoothly without interference or compromises. Protecting individuals in lawful custody is vital not only to maintain law and order but also to ensure public trust in the justice system. A person's refusal to accept the lawful commands of law enforcement officers or evade their duties damages the public trust in the rule of law, causing chaos and confusion in the community. In conclusion, section 147 of the Criminal Code of Canada is essential in ensuring that anyone who attempts to help a person escape from lawful custody is held accountable for their actions. This provision contributes to the overall strategy of ensuring the public trust in the integrity and efficiency of the justice system. It sends a clear message that anyone who colludes with an inmate or attempts to assist in an escape attempt will be punished accordingly.
STRATEGY
Section 147 of the Criminal Code of Canada outlines the offence of assisting or permitting someone to escape lawful custody. This offence is a serious crime that carries a maximum penalty of five years in prison. As such, law enforcement officials and others who deal with potential offenders need to understand the implications of this section and the strategic considerations in dealing with it. The first strategic consideration is the importance of identifying the elements of the offence. For an individual to be found guilty of this offence, they must perform one of the three prohibited acts listed in the section. It is vital to determine whether an act of assisting or permitting someone to escape fits one of the definitions provided. For instance, it is not enough to merely release the person from custody; the action must be wilful and deliberate, and the individual must have acted with the intent to assist the person in evading legal authority. This consideration helps ensure that any charges are based on a clear understanding of the offence. Another key strategic consideration is the need to gather evidence. In cases where the charge is based on an alleged act of assistance or wilful permission, it will be vital to have clear proof of the actions taken. Significantly, the Crown must prove beyond a reasonable doubt that the accused committed the prohibited acts with the necessary intent. When dealing with such cases, it will be crucial to gather evidence that supports this element of the offence. Footage from security cameras, witness statements, and other pieces of evidence can be helpful to establish that the accused acted wilfully and with intent. The strategy of plea bargaining may also come into play in cases involving section 147. Depending on the circumstances, it may be appropriate to negotiate with the defence for a reduced charge or sentence. Plea bargaining can be a useful tool to ensure that justice is served while avoiding a lengthy trial and potential appeals, which can be costly and time-consuming. Finally, it is essential to consider prevention strategies. One approach could be to educate people working in the law enforcement, corrections and security sectors around the offence and its penalties, reducing the likelihood of them getting involved in such illegal activities. Policies and procedures that focus on safe custody and record-keeping can help reduce the likelihood of prisoners escaping. Measures such as installing security cameras and keeping track of visitors can also help prevent offences. In conclusion, Section 147 of the Canadian Criminal Code outlines a serious offence that carries a significant penalty. To deal with such cases appropriately and effectively, those involved must understand the elements of the offence and gather credible evidence to support charges. Further, strategies like plea bargaining and prevention policies can help reduce the likelihood of cases arising, promote adherence to the law, and ultimately, lead to better community safety.