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

CRIMINAL CODE SS. 260-264 93
When a person is in lawful custody upon a charge of committing
any offence of such a nature and alleged to have been committed under
such circumstances that there are reasonable grounds for believing that
an examination of his person will afford evidence as to the commission
of the offence, it is lawful for a legally qualified medical practitioner,
acting at the request of a police officer, and for any person acting in good
faith in his aid and under his direction, to make such an examination of
the person of the person SO in custody as is reasonably necessary in order
to ascertain the facts which may afford such evidence, and to use such
force as is reasonably necessary for that purpose.
2 ea=. It is lawful for any person who
witnesses a breach of the peace to interfere to prevent the continuance or
renewal of it, and to use such force as is reasonably necessary for such
prevention and is reasonably proportioned to the danger to be apprehended
from such continuance or renewal, and to detain any person who is
committing OF who is about to join in or to renew the breach of the
peace for such time as may be reasonably necessary in order to give him
into the custody of a police officer.
It is lawful for a police ufIicer who witnesses a breach of the peace,
and for any person lawfully assisting him, to arrest any person whom he
finds committing it, or whom he believes, on reasonable grounds, to be
about to join in or renew the breach of the peace.
It is lawful for a police officer to receive into custody and detain
in custody any person given into his charge as having been a party to a
breach of the peace by a person whom the police officer believes, on
reasonable grounds, to have witnessed the breach of the peace.
261. §~~~x~ss~on 0% at. It is lawful for any person to use such force
as is necessary to suppress a riot, and is reasonably proportioned to the
danger to be apprehended from its continuance.
agiistrates and Police cem. It is lawful
for a justice to use or order to be used, and for a police officer to use,
such force as he believes, on reasonable grounds, to be necessary in order
to suppress a riot, and as is reasonably proportioned to the danger which
he believes, on reasonable grounds, is to be apprehended from its con-
tinuance.
263. ~~~~~ress~on of erson acting un
lawful for any person acting in good faith in obedience to orders, not
manifestly unlawful, given by a justice for the suppression of a riot, to
use such force as he believes, on reasonable grounds, to be necessary
for carrying such orders into effect.
Whether any particular order so given is or is not manifestly unlawful
is a question of law.
ot by Bersan acting out Order in case of
~~erge~cy. When any person, whether subject to military law or not,
believes, on reasonable grounds, that serious mischief will arise from a
riot before there is time to procure the intervention of a justice, it is
lawful for him to use such force as he believes, on reasonable grounds,
to be necessary for the suppression of the riot, and as is reasonably proportioned
to the danger which he believes, on reasonable grounds, is to
be apprehended from its continuance.
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