Use Of Force

Question 1

Crimes Act 1961: section 39

Answer 1

Section 39 relates to the use of force when carrying out an arrest or executing a warrant or process

Question 2

Crimes Act 1961: Section 40

Answer 2

Section 40 of the Crimes Act relates to the use of force to prevent a person trying to avoid arrest or to escape after arrest.

Question 3

Crimes Act 1961: section 41

Answer 3

Section 41 relates to the use of force to prevent suicide or certain offences.

Question 4

Crimes Act 1961: Section 42

Answer 4

This section gives justification to those witnessing a breach of the peace to interfere, using force if necessary, to prevent the disturbance from continuing or restarting.

Question 5

Crimes Act 1961: section 48

Answer 5

This section looks at the justification of the use of force in self-defence or the defence of another.

Question 6

Crimes Act 1961: section 62

Answer 6

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.