The Criminal Code Act 1899 - Ozcase Queensland Historical Legal ...

CRIMINAL CODE SS. 247-253 91
247. Execution of Sentence. It is lawful for a person who is charged by
law with the duty of executing or giving effect to the lawful sentence of a
Court to execute or give effect to that sentence.
248. Execution of Process. It is lawful for a person who is charged by
law with the duty of executing the lawful process of a Court, and who is
required to arrest or detain another person under such process, and for
every person lawfully assisting a person so charged, to arrest or detain
that other person according to the terms of the process.
249. Execution of Warrants, It is lawful for a person who is charged by
law with the duty of executing a lawful warrant issued by any Court or
justice or other person having jurisdiction to issue it, and who is required
to arrest or detain another person under such warrant, and for every
person lawfully assisting a person so charged, to arrest or detain that
other person according to the directions of the warrant.
250. Erroneolas ~nten~e or Process or Warsant. If the sentence was
passed, or the process was issued, by a Court having jurisdiction under
any circumstances to pass such a sentence or to issue such process, or if
the warrant was issued by a Court or justice or other person having
authority under any circumstances to issue such a warrant, it is immaterial
whether the Court or justice or person had or had not authority to pass
the sentence or issue the process or warrant in the particular case; unless
the person executing the same knows that the sentence or process or
warrant was in fact passed or issued without authority.
251. Sentence or Pmcess or ~~ri~~~c~on.
A person who
executes or assists in executi , process, or warrant, which
purports to be passed or issued by a Court, justice, or other person, and
who would be justified, under the provisions of the four last preceding
sections, in executing the same if it had been passed or issued by a Court,
justice, or person having authority to pass or issue it, is not criminally
responsible for any act done in such execution, notwithstanding that the
Court, justice, or person, had no authority to pass the sentence or issue
the process or warrant, if in such execution he acted in good faith and
in the belief that the sentence, process, or warrant, was that of a Court,
justice, or other person, having such authority.
rrest of Wrong Perssm. A person who, being duly authorised to
execute a warrant to arrest one person, arrests another person, believing
in good faith and on reasonable grounds that the person arrested is the
person named in the warrant, is not criminally responsible for doing so to
any greater extent than if the person arrested had been the person named
in the warrant.
Any person who lawfully assists in making such an arrest, believing
that the person arrested is the person named in the warrant, or who,
being required by the warrant to receive and detain the person named in
it, receives and detains the person so arrested, is not criminally responsible
for doing so to any greater extent than if the person arrested had been
the person named in the warrant.
253. Prregullar Process OF Warrmt. When any process or warrant is bad
in law by reason of some defect in substance or in form apparent on
the face of it, a person who, in good faith and believing that it is good
in law, acts in the execution of the process or warrant, is not criminally
responsible for anything done in such execution to any greater extent
than if the process or warrant were good in law.