Crimes Act Sections

Question 1

Section 39 Crimes Act 1961
Force used in executing process or 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 Crimes Act 1961
Preventing escape or rescue

Answer 2

(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 takes to 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:
Provided that, except in the case of a constable or a person called upon by a constable to assist him, this subsection shall not apply where the force used is intended or likely to cause death or grievous bodily harm.
(2)
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, is justified in using such force as may be necessary to prevent the escape of or to recapture the [prisoner], unless in any case the escape can be prevented or the recapture effected by reasonable means in a less violent manner.

Question 3

Section 48 Crimes Act 1961
Self-defence and defence of another

Answer 3

Every one 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.

Question 4

Section 62 Crimes Act 1961
Excess of force

Answer 4

Every one 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.