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Section history

Section 63 — Prevention of offences and use of lethal force by police

Consolidated view is experimental and may be broken for certain provisions.

Amendments
63.Prevention of offences and use of lethal force by police

(1)Any police officer who has reasonable grounds to suspect that any offence may be committed may intervene for the purpose of preventing and must, to the best of his or her ability, use all lawful means to prevent the commission of the offence.

(2)Without affecting the generality oflimiting subsection (1), a police officer may act in any manner (including doing anything likely to cause the death of, or grievous hurt to, any person) if the police officer has reasonable grounds to believe that —

(a)the person (whether acting alone or in concert with any other person) is doing or about to do, something which may amount to a terrorist act; and

(b)such act by the police officer is necessary to apprehend the person.

Subsection (3) — Original text to 31 October 2018superseded

(3)In this section —

“lawful means” includes removing a person from any place and taking away any thing which the person has in his possession which the police officer reasonably suspects is intended to be used in the commission of the offence;

“terrorist act” means the use or threat of action —

(a)where the action —

(i)involves serious violence against a person or which endangers a person’s life;

(ii)involves serious damage to any building or structure;

(iii)creates a serious risk to the health or the safety of the public or a section of the public;

(iv)involves the use of firearms or explosives; or

(v)involves releasing into the environment or any part thereof, or distributing or otherwise exposing the public or any part thereof to —

(A)any dangerous, hazardous, radioactive or harmful substance;

(B)any toxic chemical; or

(C)any microbial or other biological agent, or toxin; and

(b)where the use or threat of action is intended or reasonably regarded as intending to —

(i)influence or compel the Government, any other government, or any international organisation to do or refrain from doing any act; or

(ii)intimidate the public or a section of the public.

Subsection (3) — From 31 October 2018 (current)rewritten by Criminal Justice Reform Act 2018, Criminal Procedure Code (Amendment of Second Schedule) Order 2018

(3)In this section, “lawful means” includes —

(a)removing a person from any place; and

(b)taking away any thing, which a person has in the person’s possession, that the police officer reasonably suspects is intended to be used in the commission of the offence.