Use Of Force Flashcards
Section 39 Crimes Act 1961
Force used in executing ….. or in …..
Where any person is …… or protected from …… …….. in executing or assisting to execute any ……. …….. or ……… or in making or assisting to make any ….. that ……. Or ……. Shall extend and apply to the use by him of …. …. .. … .. …….. to ……. Any force used in …… such execution or arrest, unless the sentence warrant or process can be executed or the arrest made by ….. ….. in a … ….. …..
Provided that, …… .. … …. .. . …… or a person called upon by a Constable to assist him, this section shall not apply where the force used is intended or likely to cause ….. or …….. …….. ….
Process
Arrest
Justified
Criminal responsibility
Sentence, warrant
Process
Arrest
Justification
Protection
Such force as may be necessary
Overcome
Resisting
Reasonable means
Less violent manner
Except in the case of a Constable
Death
Grievous bodily harm
Section 40 crimes act 1961
Preventing escape or rescue
Where any person is ….. ….. to arrest or assist in arresting … ….. …… or is …… or ……. From criminal ….. for arresting or assisting to arrest any other person, that authority justification or protection as the case may be, shall ….. and ….. to the use of such force that may be …….
To prevent the ….. of that other person if he …… .. ….. in order to …. …. Or
To prevent the escape or …… of that other person after his arrest
Unless in any such case the …. Or ….. can be …… by …… …. 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, this subsection shall not apply where the …. Used is intended or likely to …… …. .. …… …… ….
Where any …… of a …… is attempting to escape from …… ….. or is …..after having escaped therefrom every Constable and person called upon by a Constable to assist him is justified in using such force as may be necessary to prevent the escape of or to recapture the prisoner unless in any case the escape can be prevented or the recapture effected by ….. ….. in a less violent manner
Lawfully authorised
Any other person
Justified
Protected
Responsibility
Extend
Apply
Necessary
Escape
Takes to flight
Avoid arrest
Rescue
Escape
Rescue
Prevented
Reasonable means
Force
Cause death or grevious bodily harm
Prisoner
Prison
Lawful custody
Fleeing
Reasonable means
S41
Prevention of suicide or certain offences
Everyone is justified in using …. …. .. … .. …… ……. In order to prevent the …… .. …… or the ….. .. .. ….. which would be likely to cause immediate and serious ….. to the person or ….. of anyone or in order to prevent any … being done which he believes on reasonable grounds would if committed amount to ….. .. .. … …. ……
Such force as may be reasonably necessary
Commission of suicide
Commission of an offence
Injury
Property
Act
Suicide or any such offence
S48
Self defence or defence of another
Everyone is justified in using, in the defence of himself or another, …. ….. as in the …….. as he believes them to be, it is ….. .. …
Such force
Circumstances
Reasonable to use
S62
Excess of force
Everyone …… .. … to use force is …. …… for any …., according to the ….. and …. Of the … that constitutes the ….
Authorised by law
Criminally responsible
Excess
Nature
Quality
Act
Excess