Use of Force Legislation Flashcards
Section 39 Force in executing process or arrest
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 or her 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 or her, this section shall not apply where the force used is intended to cause death or grievous bodily harm.
Section 40 Preventing escape or rescue
(1) 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 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 or her arrest-
unless in 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 to cause death or grievous bodily harm.
(2) Where any prisoner of 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 by reasonable means in a less violent manner.
Section 48 Self-defence and defence of another
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 is reasonable to use.
Section 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.
