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

92 m.254-259 CRIMINAL CODE
254. Fsrw used in exec@ rocess or in Arrest. It is lawful for a
person who is engaged in 1 execution of any sentence, process,
or warrant, or in making any arrest, and for any person lawfully assisting
him, to use such force as may be reasonably necessary to dvercome any
force used in resisting such execution or arrest.
~~y of ~~~~0~ amrmres It is the duty of a person executing any
process or warrant to have ith him, and to produce it if required.
It is the duty of a person arresting another, whether with or without
warrant, to give notice, if practicable, of the process or warrant under
which he is acting or of the cause of the arrest.
A failure to fulfil either of the aforesaid duties does not of itself
make the execution of the process or warrant or the arrest unlawful,
but is relevant to the inquiry whether the process or warrant might not
have been executed or the arrest made by reasonable means in a less
forcible manner.
mest. When a palice officer
ut warrant, a person for an
offence which is such that the offender may be arrested without warrant,
and the person sought to be arrested takes to Aight in order to avoid arrest,
it is lawful for the police officer, and for any person lawfully assisting
him, to use such force as may be reasonably necessary to prevent the
escape of the person sought to be arrested.
But this section does not authorise the use of force which is intended
or is likely to cause death or grievous bodily harm, except in a case where
the person sought to be arrested is reasonably suspected of having committed
an offence pu~shab~e with imprisonment for life under this Code,
nor until the person sought to be arrested has been called upon to
surrender.
As amended by Act of 1922, 13 Geo. 5 WO. 2 s. 3 (xiii).
mest. When a person who
lly to arrest, without warrant,
another person for an offence which is such that the offender may be
arrested without warrant, and when any person is proceeding lawfully
to arrest another person for any cause other than such an offence, and,
in either case, the person sought to be arrested takes to flight in order to
avoid arrest, it is lawful for the person seeking to arrest him to use such
force as may be reasonably necessary to prevent his escape.
ut this section does not authorise the use of force which is intended
or is likely to cause death or grievous bodily harm.
r Awest. When any person has
lawfully arrested another person far any offence, it is lawful for him to
use such force as he believes, on reasonable grounds, to be necessary to
prevent the escape or rescue of the person arrested.
But, if the offence is not a crime which is such that the offender may
be arrested without warrant, this section does not authorise the use of
force which is intended or is likely to cause death or grievous bodily harm.
person is in lawful custody upon a charge of committing any offence,
it is lawful for a police officer to search his person, and to take from
him anything found upon his person, and to use such force as is reasonably
necessary for that purpose.