Use of Force

Question 1

Section 39 Crimes Act 1961 : Force used in executing process or in arrest.

Where any ________________, or protected from _________________, In executing or assisting to execute any sentence, 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 of such force as may be necessary to _______________________ such execution or arrest, unless the sentence, warrant, or process can be executed or the arrest made by _______________ in a __________________ manner.

Provided that, except in the case of a __________________ or a person called upon by a _________________ to assist him, this section shall not apply where the force used is intended or likely to cause _______________________

Answer 1

1. PERSON IS JUSTIFIED
2. CRIMINAL RESPONSIBILITY
3. OVERCOME ANY FORCE USED IN RESISTING
4. REASONABLE MEANS
5. LESS VIOLENT
6. &7. CONSTABLE
7. DEATH OR GRIEVOUS BODILY HARM

Question 2

Section 48 Crimes Act1961: self defence and defence of others

Everyone is _______________ in using, in _________________, such force as, in the circumstances as _________________ them to be, it is reasonable to use.

Answer 2

1. JUSTIFIED
2. DEFENCE OF HIMSELF OR ANOTHER
3. HE BELIEVES

Question 3

Section 62, Crimes act 1961 - Excess Of Force
Everyone ____________________ by law to use force is ____________________ for any ________________ according to the ______________________________ that constitutes the excess

Answer 3

1. AUTHORISED
2. CRIMINALLY RESPONSIBLE
3. EXCESS USE OF FORCE
4. NATURE AND QUALITY OF THE ACT

Question 4

Section 40 Crimes Act 1961: Prevent escape or rescue

Answer 4

Where any person is lawfully authorised to arrest or to assist in arresting any other person, or is justified in or protected from Criminal responsibility for arresting or assisting to arrest any other person, that authority, justification, or protection, as the case may be, shall extend and apply to the use of such force has may be necessary:
- To prevent the escape of that person if he takes to flight in order to avoid arrest
Or
- To prevent escape or rescue of the other person after his arrest

Provided that, except in the case of a constable or a person called upon by Constable to assist, the subsection shall not apply for the force used as intended or likely to cause death or grievous bodily harm