Part 3 s 30 (2) Crimes Act 1961 Version as at 6 November 2021 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 war‐ rant or process to be good in law. Compare: 1908 No 32 s 50 Arrest 30 Arresting the wrong person (1) Every one duly authorised to execute a warrant to arrest who thereupon arrests a person, believing in good faith and on reasonable and probable grounds that he or she is the person named in the warrant, shall be protected from criminal responsibility to the same extent and subject to the same provisions as if the person arrested had been the person named in the warrant. (2) Every one called on to assist the person making such arrest, and believing that the person in whose arrest he or she is called on to assist is the person for whose arrest the warrant is issued, and every prison manager who is required to receive and detain the person arrested, shall be protected from criminal respon‐ sibility to the same extent and subject to the same provisions as if the person arrested had been the person named in the warrant. Compare: 1908 No 32 s 49 Section 30(2): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50). 31 Arrest by constable pursuant to statutory powers Every constable is justified in arresting any person without warrant in accord‐ ance with the provisions of section 315 or in accordance with any other enact‐ ment conferring on him or her a power so to arrest. Compare: 1908 No 32 ss 56, 57(2) 32 Arrest by constable of person believed to have committed offence Where under any enactment any constable has power to arrest without warrant any person who has committed an offence, the constable is justified in arresting without warrant any person whom he or she believes, on reasonable and prob‐ able grounds, to have committed that offence, whether or not the offence has in fact been committed, and whether or not the arrested person committed it. Compare: 1908 No 32 s 51 33 Arrest by other officers or persons pursuant to statutory powers Every officer or other person, not being a constable, who is authorised by any enactment to arrest any person without warrant is justified in so arresting any person in accordance with the provisions of that enactment. 34 Persons assisting constable or officer in arrest (1) Every one called upon by a constable to assist him or her in the arrest of any person believed or suspected to have committed any offence is justified in 44

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