Criminal Code Act 1899 - Queensland Legislation

Schedule 1 The Criminal CodePart 4 Acts injurious to the public in generalChapter 22 Offences against morality[s 227C]227CPersons who are not criminally responsible for offencesagainst ss 227A and 227B(1) A person is not criminally responsible for an offence againstsection 227A(1) or (2) or 227B(1) if—(a) the person is, at the time of the offence, a lawenforcement officer acting in the course of the person’sduties; and(b) the person’s conduct is reasonable in the circumstancesfor the performance of the duties.(2) A person is not criminally responsible for an offence againstsection 227A(1) or (2) or 227B(1) in relation to anobservation or visual recording of another person who is inlawful custody or subject to a supervision order if—(a) the person is, at the time of the offence, acting in thecourse of the person’s duties in relation to the otherperson’s lawful custody or supervision order; and(b) the person’s conduct is reasonable in the circumstancesfor the performance of the duties.Examples of conduct that may be reasonable for the performance ofduties—• the observation of a person for the safety of the person oranother person• the observation of a person providing a urine sample for adrug test(3) In this section—lawful custody includes detention under the Mental HealthAct 2000 in—(a) an authorised mental health service or a high securityunit within the meaning of that Act; or(b) the forensic disability service within the meaning of theForensic Disability Act 2011.supervision order, for a person, means an order under an Actor a law of the Commonwealth or another State or made by anPage 134 Current as at 1 December 2014