Prison (Escape) Act 1706

The Prison (Escape) Act 1706 (6 Anne c. 31), sometimes referred to as the Gaol Act 1706, was an Act of the Parliament of Great Britain passed to clarify and strengthen the laws relating to prison escapes and the liabilities of prison keepers. The Act primarily aimed to address issues of jail security and the responsibility of jailers in the event of an escape.

The Act made it a felony for any person to forcefully rescue or attempt to rescue a prisoner lawfully committed to gaol for high treason or felony. Further, the Act stipulated that if a prisoner escaped due to the negligence or default of the jailer or keeper, the jailer or keeper could be held liable. This meant the jailer could be prosecuted and fined, and in some cases, potentially face imprisonment themselves. The intent was to incentivize prison keepers to maintain vigilance and prevent escapes.

Another significant provision of the Prison (Escape) Act 1706 related to prisoners returning from transportation. Transportation was a common form of punishment where convicts were deported to colonies, often in the Americas or later Australia. If a prisoner who had been sentenced to transportation returned to Great Britain before the expiration of their sentence, they could be subjected to the death penalty.

The Act helped to consolidate and reinforce existing laws surrounding prison security and punishment, reflecting the government's increasing concern with crime and its attempts to establish a more robust penal system. The legislation remained in effect for many years, influencing the development of prison regulations and the legal responsibilities of those managing custodial institutions. The provisions related to returning from transportation were later amended and repealed, particularly as penal practices evolved and transportation became less prevalent.