Document ID: chunk:federal_register_of_legislation:C2023C00229:section:38t
Version: federal_register_of_legislation:C2023C00229
Segment Type: section
Provision Reference: s 38T
Character Range: 170382–171639

38T  Use of force in making arrest
 (1) In exercising powers of arrest under section 38S, a police officer must not use more force, or subject the person being arrested to greater indignity, than is necessary and reasonable to make the arrest or to prevent the escape of the person after the arrest.
 (2) Without limiting subsection (1), a police officer must not, in the course of arresting a person:
 (a) if paragraph (b) does not apply—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 a human 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 anything that is likely to cause the death of, or grievous bodily harm to, the person unless:
 (i) the police officer believes on reasonable grounds that doing that thing is necessary to protect a human life or to prevent serious injury to another person (including the police officer); or
 (ii) the person has, if practicable, been called on to surrender and the police officer believes on reasonable grounds that the person cannot be arrested in any other manner.