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CRIMES ACT 1914 SECT 3ZC
3ZC Use of force in making arrest
- (1)
- A person must not, in the course of arresting another
person for an offence, use more force, or subject the
other person to greater indignity, than is necessary and
reasonable to make the arrest or to prevent the escape of
the other person after the arrest.
- (2)
- Without limiting the operation of subsection (1), a
constable must not, in the course of arresting a person
for an offence:
- (a)
- do anything that is likely to cause the death of, or
grievous bodily harm to, the person unless the
constable believes on reasonable grounds that doing
that thing is necessary to protect life or to prevent
serious injury to another person (including the
constable); or
- (b)
- if the person is attempting to escape arrest by
fleeing—do such a thing unless:
- (i)
- the constable believes on reasonable grounds that
doing that thing is necessary to protect life or to
prevent serious injury to another person (including
the constable); and
- (ii)
- the person has, if practicable, been called on to
surrender and the constable believes on reasonable
grounds that the person cannot be apprehended in any
other manner.
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