Criminal Law Code as at 1st March 2007 (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]. CHAPTER XII UNFINALISED CRIMES : THREATS, INCITEMENT, CONSPIRACY AND ATTEMPT 186 Threats (1) Any person who by words, writing or conduct threatens to commit a crime referred to in subsection (3) against another person, thereby inspiring in the person to whom he or she communicates the threat a reasonable fear or belief that he or she will commit the crime, shall be guilty of threatening to commit the crime concerned if⎯ (a) he or she intended to commit the crime concerned or to inspire in the person to whom he or she communicated the threat a reasonable fear or belief that he or she would commit the crime concerned; or - 108 -

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