Crimes Act 1961

28 Sentence or process without jurisdiction

• (1) Every officer, prison manager, or person executing any sentence, process, or warrant, and every person lawfully assisting him, shall be protected from criminal responsibility if—

  • (a) he acts in good faith under the belief that the sentence or process was that of a court having jurisdiction, or, as the case may be, that the warrant was that of a court, Justice, Community Magistrate, or other person having authority to issue warrants; and

  • (b) it is proved that the person passing the sentence or issuing the process acted as such a court under colour of having some appointment or commission lawfully authorising him to act as such a court, or, as the case may require, that the person issuing the warrant acted as a Justice, Community Magistrate, or other person having authority to do so.

  (2) This section shall apply notwithstanding that, in fact,—

  • (a) any such appointment or commission as aforesaid did not exist or had expired; or

  • (b) the court or the person passing the sentence or issuing the process was not the court or the person authorised by the appointment or commission to act; or

  • (c) the person issuing the warrant was not duly authorised to issue it.

  Compare: 1908 No 32 s 48

  Section 28(1): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

  Section 28(1)(a): amended, on 30 June 1998, by section 3(a) of the Crimes Amendment Act (No 2) 1998 (1998 No 79).

  Section 28(1)(b): amended, on 30 June 1998, by section 3(b) of the Crimes Amendment Act (No 2) 1998 (1998 No 79).