(3) Subsections (2) and (3) of section one hundred and eighty-three shall apply in relation to a false statement referred to in paragraph (d) of subsection (1) as they apply to a person who makes a statement upon oath. (4) If a person who has committed or is suspected of having committed a crime refuses to make a statement or point out anything to a police officer, that refusal shall not constitute the crime of defeating or obstructing the course of justice. 185 Escaping from lawful custody (1) Any person who, having been lawfully arrested and held in lawful custody and (a) not having yet been lodged in any prison; or (b) lodged in any prison; escapes or attempts to escape from such custody, shall be guilty of escaping from lawful custody and liable  (i) if the crime was committed in any of the aggravating circumstances described in subsection (4) A. to a fine not exceeding level eleven or imprisonment for a period not exceeding seven years or both, where the person had not yet been lodged in any prison; or B. to imprisonment for a period not exceeding ten years where the person had been lodged in any prison; or (ii) in any other case A. to a fine not exceeding level ten or imprisonment for a period not exceeding five years or both, where the person had not yet been lodged in any prison; or B. to imprisonment for a period not exceeding seven years, where the person had been lodged in any prison. (2) Any person charged as an accomplice to the crime of escaping from lawful custody, in that he or she secured the escape from lawful custody of a person referred to in paragraph (a) or (b) of subsection (1), or otherwise aided such person in escaping or attempting to escape from lawful custody, shall be liable (a) if he or she secured or otherwise assisted in the escape from lawful custody of a person referred to in paragraph (a) of subsection (1) (i) to a fine not exceeding level eleven or imprisonment for a period not exceeding seven years or both, if the crime was committed in any of the aggravating circumstances described in subsection (4); or (ii) to a fine not exceeding level ten or imprisonment for a period not exceeding five years or both, in any other case; (b) if he or she secured or otherwise assisted in the escape from lawful custody of a person referred to in paragraph (b) of subsection (1) (i) to imprisonment for a period not exceeding ten years, if the crime was committed in any of the aggravating circumstances described in subsection (4); or (ii) to imprisonment for a period not exceeding seven years, in any other case. (3) Any person charged as an accessory to the crime of escaping from lawful custody, in that he or she employed, or harboured or concealed or assisted in harbouring or concealing an escaped person knowing him or her to have escaped, shall be liable if convicted to a fine not exceeding level six or imprisonment for a period not exceeding one year or both. (4) It shall be an aggravating circumstance if any weapon or violence was used by a person charged with escaping from lawful custody. (5) If, in any prosecution in terms of subsection (2), the accused conveyed any thing which may facilitate the escape of a person from lawful custody (a) to the person held in lawful custody; or (b) into a conveyance, prison, hospital or other place whatsoever where or in which the person held in lawful custody may be, or outside such conveyance, prison, hospital or other place whatsoever in which such person may be so that it may come into his or her possession or use; it shall be presumed unless the contrary is proved that he or she did so in the course of securing the escape from lawful custody of the person so held. (6) A person referred to in paragraph (b) of subsection (1) who escapes or attempts to escape from lawful custody may be charged alternatively or concurrently in terms of section 90 of the Prisons Act [Chapter 7:11].