Use of Force

Question 1

Section 39 - Force used in executing process or in arrest

Answer 1

Where any person is justified, or protected from criminal responsibility, 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 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

Provided that, except in the case of a constable 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 death or grievous bodily harm.

Question 2

Section 40 - Force used in Preventing escape or Rescue

Answer 2

Where any person is lawfully authorized 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 as may be necessary -
a] to prevent the escape of that other person if he or she takes flight in order to avoid arrest; or
b] to prevent the escape or rescue of that other person after his r 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

• Where any prisoner of a prison is attempting to escape from lawful custody, or is fleeing after having escaped therefrom, every constable, and every person called upon by a constable to assist him or her, is justified in using such force as may be necessary to prevent the escape of or to recapture the prisoner, unless in any such case the escape can be prevented or the recapture effected by reasonable means in a less violent manner.

Question 3

Section 48 - Force used in Self-Defence or Defence of Another

Answer 3

Everyone is justified in using, in the defence of himself or herself or another, such force as, in the circumstances as he or she believes them to be, it is reasonable to use.

Question 4

Section 62 - Excess of force

Answer 4

Everyone authorized 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 5

Section 41 -

Answer 5

Every one 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.