Use of Force

Question 0

What Sections of the Crimes Act relate to the Use of Force?

Answer 0

Section 39- use of force to to effect arrest or process

Section 40- use of force to prevent escape or rescue

Section 41- use of force to prevent suicide or certain offences

Section 42- use if force by a person who witnesses a breach of peace

Section 48- use if force in self-defence or defence of another.

Question 1

What is Section 62 of the Crimes Act 1961?

Answer 1

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.

Question 2

Explain the use of force under the Policing Act 2008?

Answer 2

Section 32
When a person is in custody police may use reasonable and necessary force to fingerprint, palm print or fingerprint, photograph, biological details( name address DOB)

Question 3

Under Search and Surveillance Act 2012, what is a custody search and it’s relevance to use of force?

Answer 3

Where a person is in lawfully custody and is to be locked up, a police officer or other person employed (jailer or matron) can search the person and things in their possession and take all money and property.
Reasonable force can be used if necessary.