Part 3
Matters of justification or excuse
Sentence or process
26Execution of sentence, process, or warrant
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.
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.
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).