Crimes Act 1961

If you need more information about this Act, please contact the administering agency: Ministry of Justice

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 responsibility 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).