[2007] EWCA Crim 2157

A prisoner who failed to return to prison after the expiry of the period of his temporary release could not be found guilty of the common law offence of escaping from lawful custody, as he was neither in prison nor under the immediate control of members of the prison authority whilst on temporary release.

CA (Crim Div) (Hughes LJ, Underhill J, Judge Mettyear)


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