Escaping Unlawful Custody - What's next for Daniel Khalife?

Rhys Rosser • September 12, 2023

Daniel Khalife made headlines recently by escaping from HMP Wandsworth and journeying to Chiswick. This is a common-law offence but will likely carry an additional sentence.

As this is a common law offence, that means that there is not a statute which sets out the "ingredients" of the offence". However, the offence is committed where someone who is lawfully in custody escapes from their incarceration. As it is a common law offence, the maximum sentence that can be imposed is life imprisonment.


Section 39 Prison Act 1952 makes it an offence to assist a prisoner to escape. Unlike escape or breach of prison, this particular offence only applies to persons in prison, not, for example, making a remand appearance at a magistrates' court.


It would appear that there is no dispute as to whether Mr Khalife was lawfully in custody or if he escaped.


The case has been sent to the Crown Court because it is an indictable only offence, as such, only the Crown Court can deal with it.

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