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 254]any greater extent than if the process or warrant were good inlaw.254 Force used in executing process or in arrestIt is lawful for a person who is engaged in the lawfulexecution of any sentence, process, or warrant, or in makingany arrest, and for any person lawfully assisting the person, touse such force as may be reasonably necessary to overcomeany force used in resisting such execution or arrest.255 Duty of persons arresting(1) It is the duty of a person executing any process or warrant tohave it with him or her, if reasonably practicable, and toproduce it if required.(2) It is the duty of a person arresting another, whether with orwithout warrant, to give notice, if practicable, of the processor warrant under which the person is acting or of the cause ofthe arrest.(3) A failure to fulfil either of the aforesaid duties does not ofitself make the execution of the process or warrant or thearrest unlawful, but is relevant to the inquiry whether theprocess or warrant might not have been executed or the arrestmade by reasonable means in a less forcible manner.257 Other cases of preventing escape from arrest(1) When a person who is not a police officer is proceedinglawfully to arrest, without warrant, another person for anoffence which is such that the offender may be arrestedwithout warrant, and when any person is proceeding lawfullyto arrest another person for any cause other than such anoffence, and, in either case, the person sought to be arrestedtakes to flight in order to avoid arrest, it is lawful for theperson seeking to arrest the other person to use such force asPage 170 Current as at 1 December 2014