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25: Ignorance of law
or “Not knowing the rules doesn't mean you can break them without consequences.”
You could also call this:

“This explains how officials can legally carry out punishments and court orders.”

When a court gives a sentence, a prison manager or an official from the court can carry it out. They are allowed to do this by law. If someone helps them, that person is also allowed to do it.

If a court gives an order, either for a civil or criminal case, an official from the court can carry it out. Anyone helping this official can also carry out the order. If the order says to keep someone in prison, the prison manager is allowed to do that.

If a court, a Justice, or a Community Magistrate gives a warrant, someone who is allowed to carry it out can do so. Anyone helping this person can also carry out the warrant. If the warrant says to keep someone in prison, the prison manager is allowed to do that.

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Next up: 27: Execution of erroneous sentence or process

or “Carrying out a wrong sentence or legal action is still allowed if done by the right people”
Next

Part 3 Matters of justification or excuse
Sentence or process

26Execution of sentence, process, or warrant

  1. Every ministerial officer of any court authorised to execute a lawful sentence, and every prison manager of any prison, and every person lawfully assisting any such ministerial officer or prison manager, is justified in executing the sentence.

  2. Every ministerial officer of any court duly authorised to execute any lawful process of the court, whether of a civil or a criminal nature, and every person lawfully assisting him or her, is justified in executing it; and every prison manager required under the process to receive and detain any person is justified in receiving and detaining him or her.

  3. Every one duly authorised to execute a lawful warrant issued by any court or Justice or Community Magistrate or other person having jurisdiction to issue the warrant, and every person lawfully assisting him or her, is justified in executing the warrant; and every prison manager required under the warrant to receive and detain any person is justified in receiving and detaining him or her.

Compare
  • 1908 No 32 s 46
Notes
  • Section 26(1): amended, on , by section 206 of the Corrections Act 2004 (2004 No 50).
  • Section 26(2): amended, on , by section 206 of the Corrections Act 2004 (2004 No 50).
  • Section 26(3): amended, on , by section 206 of the Corrections Act 2004 (2004 No 50).
  • Section 26(3): amended, on , by section 2 of the Crimes Amendment Act (No 2) 1998 (1998 No 79).