Part 3 s 61
Crimes Act 1961
Version as at
6 November 2021
for the purpose of maintaining good order and discipline on board his or her
ship or aircraft if he or she believes on reasonable grounds that the use of force
is necessary, and if the force used is reasonable in the circumstances.
(2)
Every one acting in good faith is justified in using force in obedience to any
order given by the master or officer or pilot in command for the purpose afore‐
said, if the force used is reasonable in the circumstances.
(3)
The reasonableness of the grounds on which the use of force was believed to be
necessary, and the reasonableness of the force used, are questions of fact.
Compare: 1908 No 32 s 85(2), (3)
Surgical operations
61
Surgical operations
Every one is protected from criminal responsibility for performing with reason‐
able care and skill any surgical operation upon any person for his or her bene‐
fit, if the performance of the operation was reasonable, having regard to the
patient’s state at the time and to all the circumstances of the case.
Compare: 1908 No 32 s 86(1)
61A Further provisions relating to surgical operations
(1)
Every one is protected from criminal responsibility for performing with reason‐
able care and skill any surgical operation upon any person if the operation is
performed with the consent of that person, or of any person lawfully entitled to
consent on his or her behalf to the operation, and for a lawful purpose.
(2)
Without limiting the term lawful purpose in subsection (1), a surgical oper‐
ation that is performed for the purpose of rendering the patient sterile is per‐
formed for a lawful purpose.
Section 61A: inserted, on 16 December 1977, by section 2 of the Crimes Amendment Act 1977
(1977 No 113).
General provisions
62
Excess of force
Every one authorised by law to use force is criminally responsible for any
excess, according to the nature and quality of the act that constitutes the excess.
Compare: 1908 No 32 s 86(2)
63
Consent to death
No one has a right to consent to the infliction of death upon himself or herself;
and, if any person is killed, the fact that he or she gave any such consent shall
not affect the criminal responsibility of any person who is a party to the killing.
Compare: 1908 No 32 s 87
52