Use of Force

Question 1

Section 62 of the Crimes Act 1961

Answer 1

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.

Question 2

Section 39 of the Crimes Act 1961

Answer 2

Police or anyone assisting police have some protection from charges when executing or helping someone to execute an arrest, warrant or other process. The offender must be resisting arrest in this case and the amount of force used should be adequate.

Question 3

Section 40 of the Crimes Act 1961

Answer 3

Police or anyone lawfully assisting police can use the adequate amount of force to prevent a person trying to avoid arrest or to escape after arrest.

Question 4

Section 41 of the Crimes Act 1961

Answer 4

Police or anyone lawfully assisting police is justified in using the justified amount of force in order to prevent the commission of suicide or an offense that can cause a serious injury to the person or serious damage to the property.

Question 5

Section 42 of the Crimes Act 1961

Answer 5

Anyone who sees a breach of peace can use the adequate amount of force to prevent the disturbance from continuing or restarting.

Question 6

Section 48 of the Crimes Act 1961

Answer 6

Everyone can use an appropriate amount of force for self-defence.