1. Crimes Act 1961

Question 1

When can force be used in executing process or in arrest (s39)?

Answer 1

Can use such force as may be necessary to overcome any force used in resisting such execution or arrest, unless the arrest can be made by reasonable means in a less violent manner

Question 2

When can use force to prevent escape or rescue (s40)?

Answer 2

• to prevent the escape of that other person if he takes flight in order to avoid arrest
• to prevent the escape or rescue of that other person after his arrest

Question 3

When can use force to prevent suicide or certain offences (s41)?

Answer 3

use such force as may be reasonably necessary 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

Question 4

Who can do something about preventing a breach of the peace (s42)?

Answer 4

everyone who witnesses a breach of the peace is justified in interfering to prevent its continuance or renewal and may detain any person committing it, in order to give him into the custody of a constable