- 19
(a) it is not necessary for the prosecution to
negative by evidence any matter to which
this subsection applies; and
(b) the burden of proving the same lies on the
person seeking to avail himself thereof.
(3) This section applies to criminal proceedings
in the District Court or a magistrate's court.
(4) The matters to which subsection (2) applies
are any licence, permit, certificate, authorization,
permission, lawful or reasonable authority, purpose,
cause or excuse, exception, exemption, qualification
or other similar matter.".
Amendment of
section 101.
9.
Section 101 of the principal Ordinance is amended by
deleting subsection (1).
Addition of new
section 1014.
10.
The principal Ordinance is amended by adding, after
section 101, the following new section -
"Use of force in making arrest etc. 1967, c.58, s. 3.
101á. (1) A person may use such force as is
reasonable in the circumstances in the prevention of
crime or in effecting or assisting in the lawful
arrest of offenders or suspected offenders or of
persons unlawfully at large.
(2) Subsection (1) shall replace the rules of
the common law on the question when force used for a
No comments yet.
Private notes are available after approval.