Title V. Penal Code

Chapter 3. Defences.

§ 311. Use of Force by Police.

    1.    The use of force by police upon or toward the person of another is justifiable when the defendant is making or assisting in making an arrest and the defendant believes that such force is immediately necessary to effect a lawful arrest.

    2.    The use of force by police is not justifiable unless the defendant believes the arrest to be lawful and makes known the purpose of the arrest or is assisting another who has made such purpose known.

    3.    The use of deadly force by police is not justifiable unless the arrest is for murder, manslaughter, rape, intentional or reckless assault, or intentional or reckless battery; and the arrest is lawful; and the defendant believes that the force employed creates no substantial risk of harm to third parties; and there is a substantial risk that the person to be arrested will cause death or serious bodily harm if his apprehension is delayed.

    4.    The use of force by police to prevent the escape of an arrested person from custody is justifiable when the force could justifiably have been employed to effect the arrest under which the person is in custody, except that a guard or other person authorised to act as a peace officer is justified in using any force, including deadly force, that he believes to be immediately necessary to prevent the escape of a person from a gaol, prison, or other institution for the detention of persons charged with or convicted of a crime.

    5.    The use of force by police upon or toward the person of another is justifiable when the defendant believes that such force is immediately necessary to prevent such other person from committing suicide, inflicting serious bodily harm upon himself, committing or attempting to commit a crime involving or threatening bodily harm, damage to or loss of property or a breach of the peace, subject to the other provisions in this code for the use of force.

    6.    The use of deadly force by police is not justifiable to prevent such other person from committing suicide, inflicting serious bodily harm upon himself, committing or attempting to commit a crime involving or threatening bodily harm, damage to or loss of property or a breach of the peace.

    7.    The use of confinement as preventive force by police is justified only if the defendant takes all reasonable measures to terminate the confinement as soon as he knows that he safely can, unless the person confined has been arrested on a charge of crime.

Chapter 3                 § 310                 § 312