Criminal Code Act 1899 - Queensland Legislation

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and dutiesChapter 26 Assaults and violence to the person generally—justification and excuse[s 247]247 Execution of sentenceIt is lawful for a person who is charged by law with the dutyof executing or giving effect to the lawful sentence of a courtto execute or give effect to that sentence.248 Execution of processIt is lawful for a person who is charged by law with the dutyof executing the lawful process of a court, and who is requiredto arrest or detain another person under such process, and forevery person lawfully assisting a person so charged, to arrestor detain that other person according to the terms of theprocess.249 Execution of warrantsIt is lawful for a person who is charged by law with the dutyof executing a lawful warrant issued by any court or justice orother person having jurisdiction to issue it, and who isrequired to arrest or detain another person under such warrant,and for every person lawfully assisting a person so charged, toarrest or detain that other person according to the directions ofthe warrant.250 Erroneous sentence or process or warrantIf the sentence was passed, or the process was issued, by acourt having jurisdiction under any circumstances to passsuch a sentence or to issue such process, or if the warrant wasissued by a court or justice or other person having authorityunder any circumstances to issue such a warrant, it isimmaterial whether the court or justice or person had or hadnot authority to pass the sentence or issue the process orwarrant in the particular case; unless the person executing thesame knows that the sentence or process or warrant was in factpassed or issued without authority.Page 168 Current as at 1 December 2014