Legal Sections Flashcards
What section is the use of force in executing an arrest
Section 39 Crimes Act 1961
What section is use of force when preventing escape or rescue?
S40 Crimes Act 1961
Section for use of force when preventing suicide or certain offences
S 41 Crimes Act 1961
Which section allows use of force when protecting self or others?
S48 Crimes Act 1961
Name the section:
Everyone authorized by law to use force is criminally responsible for any excess, according to the nature and quality of the act that constitutes the excess.
62 of the Crimes Act
(62 in the poo)
Name the section:
Everyone is justified in using, in the defence of himself or herself or another, such force as, in the circumstances as he or she believes them to be, it is reasonable to use
S48 Crimes Act 1961
(48 save a mate)
S39 - Fill in the blanks: Where any person is …., or protected from criminal …., in executing or assisting to execute any ……, 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 or her of such force as may be necessary to …… any force used in resisting such execution or arrest, unless the sentence, warrant, or process can be executed or arrest made by reasonable means in a less violent manner.
-justified
-responsibility
-sentence
-overcome
S39
Provided that, except in the case of a ….. or person called upon by a constable to assist him or her, this section shall not apply where the force used is ….. or likely to cause …. or grievous bodily harm.
-constable
-intended
-death
Which section is used to enter a place or vehicle without warrant to arrest a person unlawfully at large
S 7 Search & Surveillance Act
S&S s7- A constable may enter a place or vehicle without warrant to search for and arrest a person if the constable has reasonable grounds to
a)……. that a person is unlawfully at large
b)…….. that person is there
a) suspect
b) believe
S&S s9 - A constable may stop a vehicle without warrant to arrest a person if the constable has reasonable grounds
a) to …… that person -
i) is ……… or
ii) has committed an offence punishable by imprisonment; ……
b) to …….. that the person is in or on the vehicle
a) suspect
i) unlawfully at large
ii) and
b) believe
Name the act & section:
A constable may stop a vehicle without warrant to arrest a person if the constable has reasonable grounds
a) to suspect that person -
i) is unlawfully at large or
ii) has committed an offence punishable by imprisonment; and
b) to believe that the person is in or on the vehicle
S&S Act section 9
Under section 10 of the S&S act, a constable exercising the stopping power under s9:
May do - 3
Must do - 1
May do
- require name, dob, address and contact details (if person is suspected U/L at large)
- search the vehicle for person referred to in s9 if believed to be in the vehicle
-search the vehicle to locate evidential material in relation to the offence in respect of which the vehicle was stopped (if the suspect has been arrested or seen fleeing from the vehicle)
Must
- tell the driver the object of the proposed search if the driver is not the suspect
Name the two circumstances in S&S Act S14 subsection 2 that one of which is to be suspected for a constable to act under section 14
- An offence is being committed or about to be committed, that would likely cause injury to a person, or serious damage to or loss of any property
- There is a risk to the life or safety of any person that requires an emergency response
What may a constable do under S&S Act S14 if the circumstances in subsection 2 are satisfied? (2)
- Enter a place or vehicle without warrant
- Take any action that he/she has reasonable grounds to believe is necessary to prevent the offending from being committed or continuing, or to avert the emergency
What may a constable do under S18 of the S&S Act if they suspect any 1 or more circumstances in subsection 2 exist (5)
- search a person
- search anything in their possession or under their control
- enter a place or vehicle to carry out a search
- seize and detain any arms found
- seize and detain any licence under the Arms Act
What circumstances under S&S Act S18 subsection 2 needs to be satisfied? (3)
The person is in possession of or has control of firearms and-
a) is in breach of the arms act
b) by reason of mental or physical condition
i) is incapable of proper control
ii) may kill or cause bodily injury to any person
c) that under the family violence act 2018 -
i) a protection order or PSO is in force against the person; or
ii) there are grounds to make an application against him/her for a protection order
What is section 20 of the S&S Act?
Warrantless search of places and vehicles in relation to some Misuse of Drugs Act 1975 offences
Any constable may enter and search a verhicle or place under S20 of the S&S Act if they have reasonable grounds; (3)
- to believe it is not practical to obtain a warrant and that in or on the place/vehicle there is a controlled drug or precursor substance specified in the MoD Act
- to suspect that in/on that place/vehicle an offence against the MoD Act has been, is or is about to be committed
- to believe that if entry & search isn’t carried out immediately, evidential material relating to the suspected offense will be destroyed, concealed, altered or damaged
What is s21 of the S&S Act?
Warrantless searches of people found in or on places or vehicles
S21 of the S&S Act- Fill in the blanks:
A constable conducting a search of a place or vehicle under section ….. may, without a …… search any person found in or on the place or vehicle
- 20
- warrant
What is section 15 of the S&S Act?
Warrantless powers for evidential material relating to serious offences
S15 S&S Act Fill in the blanks:
A constable may enter and search a place without a warrant if he or she has
reasonable grounds- to (1)….. that an offence punishable by imprisonment for a term of (2)… years or more or an offence against section 6B(1) (terrorist act: planning or other preparations to carry out) of the Terrorism Suppression Act
2002 has been committed, or is being committed, or is about to be
committed; and
b) to (3)…..
“ that evidential material relating to the offence is in that place; and
“ that, if entry is delayed in order to obtain a search warrant, the
evidential material will be destroyed, concealed, altered, or
damaged.
- Suspect
- 14
- Believe
Which circumstances need to be satisfied to enter and search a place under S15 of the S&S Act? (2)
- suspect that a 14 year offense against the Terrorism Suppression Act (planning or preparation to carry out) has, is or is about to be committed.
-believe if entry is delayed to obtain a warrant evidential material will be concealed, altered, destroyed or damaged
