Part 3 s 25
Crimes Act 1961
Version as at
6 November 2021
Ignorance of law
25
Ignorance of law
The fact that an offender is ignorant of the law is not an excuse for any offence
committed by him or her.
Compare: 1908 No 32 s 45
Sentence or process
26
Execution 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 sen‐
tence.
(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 man‐
ager 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 exe‐
cuting 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
Section 26(1): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).
Section 26(2): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).
Section 26(3): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).
Section 26(3): amended, on 30 June 1998, by section 2 of the Crimes Amendment Act (No 2) 1998
(1998 No 79).
27
Execution of erroneous sentence or process
If a sentence is passed or a process is issued by a court having jurisdiction
under any circumstances to pass such a sentence or issue such a process, or if a
warrant is issued by a court or person having jurisdiction under any circum‐
stances to issue such a warrant, the sentence passed or process or warrant
issued shall be sufficient to justify the execution of it by every officer, prison
manager, or other person authorised to execute it, and by every person lawfully
assisting him or her, notwithstanding that—
(a)
42
the court passing the sentence or issuing the process had no authority to
pass that sentence or issue that process in the particular case; or