Crimes Act 1961

Question 1

S39 - Force used in executing process or in arrest

Answer 1

• AP is justified/protected from criminal responsibility in executing/assisting to execute any sentence, warrant, or process, or in making or assisting to make any arrest
• That justification/protection shall extend and apply to the use by them of such force may be necessary to overcome any force used in resisting such execution or arrest, unless the sentence, warrant or process can be executed or the arrest made BY REASONABLE MEANS IN A LESS VIOLENT MANNER.

Question 2

S40 - Preventing escape or rescue

Answer 2

• AP is lawfully authorised to arrest/assist in arresting any other person , or is justified in/protected from criminal responsibility for arresting/assisting to arrest any other person, that authority, justification, or protection, as the case my be, shall extend and apply to the use of force as may be necessary:
• To prevent the escape of that person if they take flight in order to avoid arrest
• To prevent the escape or rescue of that other person after their arrest

OR

• Where any prisoner of a prison Is attempting to escape from lawful custody/fleeing after having escaped there from every constable or person called upon by a constable to assist them is justified in using such force as may be necessary to prevent the escape of or to recapture the prisoner, unless in any such case the escape can be prevented or the recapture effected by reasonable means in a less violent manner

Question 3

S41 - Prevention of suicide or certain offences

Answer 3

Everyone is justified in using such force as may be reasonably necessary to prevent:

• The commission of suicide
• The commission of an offence which would be likely to cause immediate and serious injury to the person or property of anyone
• Prevent any act being done which he or she believes on reasonable ground would, if committed amount to suicide or any such offence.

Question 4

S48 - Self-defence and defence of another

Answer 4

Everyone is justified in using, in the defence of themself or another, such force as, in the circumstances as they believe them to be, it is reasonable to use.

Question 5

S62 - Excess of force

Answer 5

Everyone authorised by law to use force is criminally responsible for any excess, according to the nature and quality of the act that constitutes the excess.