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POLICE OFFENCES ACT 1935 - SECT 13D Persons who are not criminally responsible for an offence under section 13A or 13B

POLICE OFFENCES ACT 1935 - SECT 13D

Persons who are not criminally responsible for an offence under section 13A or 13B

(1)  A person is not criminally responsible for an offence under section 13A or 13B if –
(a) the person is, at the time of the offence, a law enforcement officer acting in the course of the person's duties as such an officer; and
(b) the person's conduct is reasonable in the circumstances for the performance of those duties.
(2)  A person is not criminally responsible for an offence under section 13A or 13B in relation to an observation or visual recording of another person who is in lawful custody if –
(a) the person is, at the time of the offence, acting in the course of the person's duties in relation to the other person's lawful custody; and
(b) the person's conduct is reasonable in the circumstances for the performance of the duties.
(3)  A person is not criminally responsible for an offence under section 13A or 13B if –
(a) the person is, at the time of the offence, acting in the course of the person's occupation or employment; and
(b) the person's conduct is reasonable in the circumstances for the performance of the occupation or employment.
(4)  The onus of proving the matter or thing referred to in paragraphs (a) and (b) of subsection (3) lies on the person referred to in those paragraphs.