Document ID: chunk:federal_register_of_legislation:C2006A00054:clause:1_34v
Version: federal_register_of_legislation:C2006A00054
Segment Type: clause
Provision Reference: sch 1 cl 34V
Character Range: 40598–42231

34V  Use of force in taking person into custody and detaining person

 (1) A police officer may use such force as is necessary and reasonable in:
 (a) taking a person into custody under:
 (i) a warrant issued under section 34G; or
 (ii) subsection 34K(7); or
 (b) preventing the escape of a person from such custody; or
 (c) bringing a person before a prescribed authority for questioning under a warrant issued under this Division; or
 (d) detaining a person in connection with a warrant issued under this Division.

 (2) However, a police officer must not, in the course of an act described in subsection (1) in relation to a person, use more force, or subject the person to greater indignity, than is necessary and reasonable to do the act.

 (3) Without limiting the operation of subsection (2), a police officer must not, in the course of an act described in subsection (1) in relation to a person:
 (a) do anything that is likely to cause the death of, or grievous bodily harm to, the person unless the officer believes on reasonable grounds that doing that thing is necessary to protect life or to prevent serious injury to another person (including the officer); or
 (b) if the person is attempting to escape being taken into custody by fleeing—do such a thing unless:
 (i) the officer believes on reasonable grounds that doing that thing is necessary to protect life or to prevent serious injury to another person (including the officer); and
 (ii) the person has, if practicable, been called on to surrender and the officer believes on reasonable grounds that the person cannot be taken into custody in any other manner.