Canadian Criminal Law/Offences/Escape from Lawful Custody

Proof of the Offence

 * 1) location and time of incident
 * 2) identity of accused as culprit
 * 3) the accused was in lawful custody at time
 * 4) circumstances of escape
 * 5) time and date of capture

Interpretation
To be in custody the officer must use words of arrest along with physical restraint or the accused’s submission to physical restraint. Without physical restraint of some sort, the offence cannot be made out.