Part 3
Matters of justification or excuse
Sentence or process
29Irregular warrant or process
Every one acting under a warrant or process that is bad in law on account of some defect in substance or in form, apparent on the face of it, shall be protected from criminal responsibility to the same extent and subject to the same provisions as if the warrant or process were good in law if in good faith and without culpable ignorance or negligence he or she believed that the warrant or process was good in law; and ignorance of the law shall in this case be an excuse.
It is a question of law whether the facts of which there is evidence do or do not constitute culpable ignorance or negligence in his or her so believing the warrant or process to be good in law.
Compare
- 1908 No 32 s 50