Commonwealth Consolidated Acts

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INTERNATIONAL WAR CRIMES TRIBUNALS ACT 1995 - SECT 66

Use of force in making arrest

  (1)   A person must not, in the course of arresting another person under this Act or pursuant to a warrant issued under this Act, 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 police officer must not, in the course of arresting a person under this Act or pursuant to a warrant issued under this Act:

  (a)   do anything that is likely to cause the death of, or grievous bodily harm to, the person unless the police officer believes on reasonable grounds that doing that thing is necessary to protect life or to prevent serious injury to another person (including the police officer); or

  (b)   if the person is attempting to escape arrest by fleeing - do such a thing unless:

  (i)   the police officer believes on reasonable grounds that doing that thing is necessary to protect life or to prevent serious injury to another person (including the police officer); and

  (ii)   the person has, if practicable, been called on to surrender and the police officer believes on reasonable grounds that the person cannot be apprehended in any other manner.



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