Version as at
6 November 2021
Crimes Act 1961
Part 3 s 44
41
Prevention of suicide or certain offences
(1)
Every one is justified in using such force as may be reasonably necessary in
order to prevent the commission of suicide, or the commission of an offence
which would be likely to cause immediate and serious injury to the person or
property of any one, or in order to prevent any act being done which he or she
believes, on reasonable grounds, would, if committed, amount to suicide or to
any such offence.
(2)
This section is subject to section 37 of the End of Life Choice Act 2019.
Compare: 1908 No 32 s 72
Section 41(2): inserted, on 6 November 2021, by section 41 of the End of Life Choice Act 2019
(2019 No 67).
Breach of the peace
42
Preventing breach of the peace
(1)
Every one who witnesses a breach of the peace is justified in interfering to pre‐
vent its continuance or renewal, and may detain any person committing it, in
order to give him or her into the custody of a constable:
provided that the person interfering shall use no more force than is reasonably
necessary for preventing the continuance or renewal of the breach of the peace,
or than is reasonably proportionate to the danger to be apprehended from its
continuance or renewal.
(2)
Every constable who witnesses a breach of the peace, and every person law‐
fully assisting him or her, is justified in arresting any one whom he or she finds
committing it.
(3)
Every constable is justified in receiving into custody any person given into his
or her charge, as having been a party to a breach of the peace, by one who has
witnessed it or whom the constable believes on reasonable and probable
grounds to have witnessed it.
Compare: 1908 No 32 s 66
43
Suppression of riot
Every one is justified in using such force as is necessary to suppress a riot, if
the force used is not disproportionate to the danger to be apprehended from the
continuance of the riot.
Compare: 1908 No 32 s 67
44
Suppression of riot by Police
The senior constable for the time being acting at the place of any riot is justi‐
fied in using and ordering to be used, and every constable is justified in using,
such force as he or she believes, in good faith and on reasonable and probable
grounds, to be necessary to suppress the riot, not being disproportionate to the
47