Use Of Force Flashcards
Force must be…. (three things)
Necessary, Reasonable and Proportionate
What does Section 39 of the Crimes Act 1961 relate to?
The use of force when carrying out an arrest or executing a warrant or process.
What does Section 40 of the Crimes Act 1961 relate to?
The use of force to prevent a person trying to avoid arrest or to escape after an arrest.
This applies to preventing a prison inmate from escaping or to recapturing an inmate.
What does Section 41 of the Crimes Act 1961 relate to?
The use of force to prevent suicide or certain offences.
(to stop someone from intentionally attempting to take their own life or to stop someone carrying out any offence THAT IS HAPPENING RIGHT NOW that would result in serious injury to the person or damage to any person’s property).
What does Section 42 of the Crimes Act 1961 relate to?
It gives justification to those witnessing a breach of the peace to interfere, using force is necessary, to prevent the disturbance from continuing or restarting.
What does Section 48 of the Crimes Act 1961 relate to?
It gives the justification to use force in self - defence or defence of another.
What does Section 62 of the Crimes Act 1961 relate to?
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.
(So if you use force that is considered not necessary, not proportionate and not reasonable you will face disciplinary actions, job loss and potential criminal charges).
