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CRIMINAL CODE 1899 - SECT 255
Duty of persons arresting
255 Duty of persons arresting
(1) It is the duty of a person executing any process or warrant to have it
with him or her, if reasonably practicable, and to produce it if required.
(2) It is the duty of a person arresting another, whether with or without
warrant, to give notice, if practicable, of the process or warrant under which
the person is acting or of the cause of the arrest.
(3) A failure to fulfil
either of the aforesaid duties does not of itself make the execution of the
process or warrant or the arrest unlawful, but is relevant to the inquiry
whether the process or warrant might not have been executed or the arrest made
by reasonable means in a less forcible manner.
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