USE OF FORCE (Crimes Act) - AOS Flashcards
USE OF FORCE - CRIMES ACT 1961
SECTION. 39
Sec. 39 - FORCE USE IN EXECUTING PROCESS OR IN ARREST
- Justification to use necessary force to overcome any force used in resisting such execution or arrest, unless this can be done by reasonable means in a less violent manner.
- This does not apply if the force is intended or likely to cause death or GBH
USE OF FORCE - CRIMES ACT 1961
SECTION. 40
Sec. 40 - PREVENTING ESCAPE OR RESCUE
1) …may extend and apply to the use of such force that as may be necessary -
a) To prevent the escape of that other person if he takes flight in order to avoid arrest; or
b) To prevent the escape or rescue of that other person after his arrest -
unless in any such case the escape or rescue can be prevented by reasonable means in a less violent manner.
2) … is justified in using such force as may be necessary to prevent the escape of or to recapture the [prisonr], unless in any case the escape can be prevented or the recapture effected by reasonable means in a less violent manner.
USE OF FORCE - CRIMES ACT 1961
SECTION. 41
Sec. 41 - PREVENTION OF SUICIDE OR CERTAIN OFFENCES
- Everyone 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 anyone, or in order to prevent any such act being done which he believes, on reasonable grounds, would, if committed, amount to suicide or to any such offence.
USE OF FORCE - CRIMES ACT 1961
SECTION. 48
Sec. 48 SELF DEFENCE & DEFENCE OF ANOTHER
- Everyone is justified in using, in the defence of himself or another, such force as, in the circumstances as he believes them to be, it is reasonable to use.
USE OF FORCE - CRIMES ACT 1961
SECTION. 62
Sec. 62 - EXCESS OF FORCE
- 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.
