Legal Justification of Use of Force Flashcards
Section 59, Crimes Act 1961
Parents, guardians and caregivers have the right to use force on a child for minimising or preventing behaviour that is harmful, criminal, offensive or disruptive. Smacking for punishment now amounts to assault on a child.
Section 39, Crimes Act 1961
A constable or other person has the power of force to use in making an arrest. (K9, 39)
Section 40, Crimes Act 1961
Gives authority for police to use force to stop a person escaping. (0 - tunnel - escape)
Section 42, Crimes Act 1961
Allows anyone to use reasonable force to prevent a breach of the peace. (2 - peace sign)
Section 48, Crimes Act 1961
Allows anyone to use as much force as reasonable in defence of himself or another person. (8 - save your mate)
Section 62, Crimes Act 1961
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. (2 - in the poo)