Managing suspects and offenders

Question 1

Section 39 - Force used in executing process or in
arrest

Answer 1

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:

Question 2

Section 40 - Preventing escape or rescue

Answer 2

(a) To prevent the escape of that other person if he or she takes to
flight in order to avoid arrest; or
(b) To prevent the escape or rescue of that other person after his or
her 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 or her, this subsection
shall not apply where the force used is intended or likely to
cause death or grievous bodily harm.

Question 3

Section 41 - Prevention of suicide or certain offences.

Answer 3

Everyone 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 or she believes, on reasonable grounds, would, if committed,
amount to suicide or to any such offence.

Question 4

Section 42 - Preventing breach of the peace

Answer 4

Every one who witnesses a breach of the peace is justified in
interfering to prevent its continuance or renewal, and may detain any
person committing it, in order to give him or her into the custody of a
constable:
Provided that the person interfering shall use no more force than is
reasonably necessary for preventing the continuance or renewal of the
breach of the peace, or than is reasonably proportionate to the danger
to be apprehended from its continuance or renewal.