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PUBLIC RECORD OFFICE.
Reference :-
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PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC»
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It is the duty of any person arresting another, whether with or without warrant, to give notice where practicable of the process or warrant under which he acts, or of the cause of the arrest.
A failure to fulfil either of such two duties shall not of itself deprive the person exceuting the process, warrant, or written order, or his assistants, or the person arresting, of pro- tection from criminal responsibility, but shall be relevant to the enquiry whether the process or warrant might not have been executed, or the arrest effected, by reasonable means in a less violent manner.
35.—Peace Officer preventing Escape from Arrest.
Any peace officer proceeding lawfully to arrest with or A. 44.. without warrant any person for any offence, and any person B. 43. lawfully assisting in such arrest, is justified, if the person to be C. 256. arrested takes to flight to avoid arrest, in using such force as may be necessary to prevent his escape by such flight, unless such escape can be prevented by reasonable means in a less
violent manner;
provided that in case the offence for which the arrest is to be made is not an offence as to which it is provided that the offender may be arrested without a warrant, the force used is neither intended nor likely to cause death or grievous bodily injury..
36.-Other Person preventing Escape from Arrest.
Any person proceeding lawfully to arrest any other person A. 45. is justified, if the person to be arrested takes flight to avoid B. 44. arrest, in using such force as may be necessary to prevent his C. 257. escape by flight, unless such escape can be prevented by rea- sonable means in a less violent manner;
provided that except in cases in which the offence for which the arrest is to be made is punishable with death or penal servitude, the force used is neither intended nor likely to cause death or grievous bodily injury,
37.-Preventing Escape or Rescue after Arrest.
C. 258.
Any person who has lawfully arrested any other person is pro- A. 47, 48, tected from criminal responsibility in using such force in order B. 46, 47. to prevent the rescue or escape of the person arrested as he believes on reasonable grounds to be necessary for that purpose ; provided that in case the offence for which the arrest was made is not an offence as to which it is provided that the offender may be arrested without a warrant, the force used is neither in- tended nor likely to cause death or grievous bodily injury.
38.-Suppression of Breach of the Peace.
Any person who witnesses a breach of the pence is justified A. 49. in interfering to prevent the continuance or renewal thereof, B. 48. and in using force not exceeding that which is reasonably C. 260. necessary for preventing such continuance or renewal, or reason- ably proportioned to the danger to be apprehended from such continuance or renewal, and may detain any person committing or about to join in, or renew, such breach of the peace, in order to give him into the custody of a peace officer.
A. 50. B. 49.
C. 261.
A. 51. B. 50.
C. 262.
A. 52:
B. 51.
C. 263.
A. 53.
B. 52. G. 263.
A. 54.
15. 53.
C. 265.
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Any peace officer who witnesses a breach of the peace, and any person lawfully assisting him, is justified in arresting any one whom he finds committing, or whom he, on-reasonable grounds, believes to be about to join in, or renew, such breach of the peace.
Any peace officer is justified in receiving into custody any person given into his charge as having been a party to a breach of the peace, by one who has, or whom such peace officer upon reasonable grounds believes to have, witnessed such breach of the peace.
39.—Suppression of Riot.
Any person is justified in using force necessary to suppress a riot, provided the force used is not disproportions to the danger to be apprehended from the continuance of the riot.
40.-Suppression of Riot by Justices, fv.
The Governor personally, any officer of His Majesty's navy or army subject for the time being to the Naval Discipline Act or the Army Act, any officer of police, and any Justice of the Peace, is justified in using and ordering to be used, and any peace officer is justified in using, such force as he believes in good faith, and on reasonable grounds, to be necessary to suppress a riot, and as is not disproportioned to the danger which he, on reasonable grounds, believes to be apprehended from the continuance of the riot..
41.-Suppression of Riots by Persons acting under
Orders.
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Any person acting in good faith in obedience to orders given by the persons mentionek in that behalf in the last section, for the suppression of a riot, is justified in obeying the orders so given, unless they are manifestly unlawful; and "he is protected from criminal responsibility in using such force as he, on reasonable grounds, believes to
necessary for carrying such orders nito effect.
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It shall be a question of law whether any order is manifestly · unlawful or not.
42.-Suppression of Riots by Persons without Orders. Any person who, in good faith and on reasonable and probable grounds, believes that serious mischief will arise from a riot before there is time to procure the intervention of any of the persons mentioned in that behalf in the last section but one, is justified in using such force as he, in good faith and on reasonable grounds, believes to be necessary for the suppression of such riot, and as it is not disproportioned to the danger which he, on reasonable grounds, believes to be apprehended from the continuance of the riot.
43.Protection of Persons subject to military Law.
Any person who is bound by military law to obey the lawful order of his superior officer is justified in obeying any order given him by his superior officer for the suppression of a riot, unless such order is manifestly unlawful.
It shall be a question of law whether any order is manifestly
unlawful or not.
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