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 251]251 Sentence or process or warrant without jurisdictionA person who executes or assists in executing any sentence,process, or warrant, which purports to be passed or issued by acourt, justice, or other person, and who would be justified,under the provisions of sections 247 to 250, in executing thesame if it had been passed or issued by a court, justice, orperson having authority to pass or issue it, is not criminallyresponsible for any act done in such execution,notwithstanding that the court, justice, or person, had noauthority to pass the sentence or issue the process or warrant,if in such execution the person acted in good faith and in thebelief that the sentence, process, or warrant, was that of acourt, justice, or other person, having such authority.252 Arrest of wrong person(1) A person who, being duly authorised to execute a warrant toarrest one person, arrests another person, believing in goodfaith and on reasonable grounds that the person arrested is theperson named in the warrant, is not criminally responsible fordoing so to any greater extent than if the person arrested hadbeen the person named in the warrant.(2) Any person who lawfully assists in making such an arrest,believing that the person arrested is the person named in thewarrant, or who, being required by the warrant to receive anddetain the person named in it, receives and detains the personso arrested, is not criminally responsible for doing so to anygreater extent than if the person arrested had been the personnamed in the warrant.253 Irregular process or warrantWhen any process or warrant is bad in law by reason of somedefect in substance or in form apparent on the face of it, aperson who, in good faith and believing that it is good in law,acts in the execution of the process or warrant, is notcriminally responsible for anything done in such execution toCurrent as at 1 December 2014 Page 169