General 02 - Crimes Act 1961 Flashcards
Sec 39 - Force Used In Executing Process Or In Arrest
Where any person is justified, or protected from criminal responsibility, in executing or assisting to execute any sentence, warrant, or process, or in making or assisting to make any arrest,
that justification or protection shall extend and apply to the use by him of such force as 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 provided that,
except in the case of a constable or a person called upon by a constable to assist him, this section shall not apply where the force used is intended or likely to cause death or grievous bodily harm.
Sec 40 - Preventing Escape Or Rescue
(1) Where any person is 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 may be, shall extend and apply to the use of such force as may be necessary —
(a) To prevent the escape of that other person if he takes to flight in order to avoid arrest; or
(b) To prevent the escape or rescue of that other person after his arrest —
Unless in any such case the escape or rescue can be prevented by reasonable means in a less violent manner
Provided that, except in the case of a constable or a person called upon by a constable to assist him, this subsection shall not apply where the force used is intended or likely to cause death or grievous bodily harm.
Sec 41 Prevention of suicide or certain offences
Every one is justified in using such force as may be reasonably necessary in order to prevent the commission of suicide,
or the commission of an offence which would be likely to cause immediate and serious injury to the person or property of any one,
or in order to prevent any act being done which he believes, on reasonable grounds, would, if committed, amount to suicide or to any such offence.
Sec 48 - Self-Defence And Defence Of Another
Every one is 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.
Sec 62 - Excess of Force
Every one 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.
