Crimes Act 1961 Flashcards
Section 39
Force used in executing process or in an arrest
Section 40
Preventing Escape or Rescue.
Where any person if lawfully authorised to arrest or to assist in arresting any other person, or is justified in or protected from criminal responsibility for arresting or assisting to arrest any other person, that authority, justification, or protection, as the case nay be shall extend and apply to the use of such force as may be necessary.
To prevent the escape of that other person if he takes to flight in order to avoid arrest;
To preventive escape or rescue of that person after his arrest, unless in any such case the escape or rescue can be prevented by reasonable means in a less violent manner.
Section 48
Self defence and defence of another.
Every one justified in using, in the defence of himself or another, such force as, in the circumstances as he believes them to be, it is reasonable to use.
Section 62
Excess of Force.
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.