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
