Version as at 6 November 2021 Crimes Act 1961 Part 3 s 38 assisting unless he or she knows that there is no reasonable ground for the belief or suspicion. (2) Where by any enactment it is provided that any officer or person, not being a constable, may call upon any other person to assist him or her in arresting with‐ out warrant any one who has committed or is found committing any offence, every person so called upon is justified in assisting unless he or she knows that there is no reasonable ground for believing that the person to be arrested has committed the offence. Compare: 1908 No 32 s 52 35 Arrest of persons found committing certain crimes Every one is justified in arresting without warrant— (a) any person whom he or she finds committing any offence against this Act for which the maximum punishment is not less than 3 years’ impris‐ onment: (b) any person whom he or she finds by night committing any offence against this Act. Compare: 1908 No 32 ss 53, 57(1) Section 35(a): amended, on 27 March 2008, by section 4 of the Crimes Amendment Act 2008 (2008 No 8). 36 Arrest of person believed to be committing crime by night Every one is protected from criminal responsibility for arresting without war‐ rant any person whom he or she finds by night in circumstances affording reasonable and probable grounds for believing that that person is committing an offence against this Act. Compare: 1908 No 32 s 55 37 Arrest after commission of certain crimes Where any offence against this Act has been committed, every one who believes, on reasonable and probable grounds, that any person has committed that offence is protected from criminal responsibility for arresting that person without warrant, whether or not that person committed the offence. Compare: 1908 No 32 s 54 38 Arrest during flight (1) Every one is protected from criminal responsibility for arresting without war‐ rant any person whom he or she believes, on reasonable and probable grounds, to have committed an offence against this Act, and to be escaping from and to be freshly pursued by any one whom he or she believes, on reasonable and probable grounds, to have lawful authority to arrest that person for the offence. 45