Section 26 — Crimes Act 1961: Execution of sentence, process, or warrant

26 Execution of sentence, process, or warrant (1) Every ministerial officer of any Court authorised to execute a lawful sentence, and every prison manager of any prison, and every person lawfully assisting any such ministerial officer or prison manager, is justified in executing the sentence. (2) Every ministerial officer of any Court duly authorised to execute any lawful process of the Court, whether of a civil or a criminal nature, and every person lawfully assisting him, is justified in executing it; and every prison manager required under the process to receive and detain any person is justified in receiving and detaining him. (3) Every one duly authorised to execute a lawful warrant issued by any Court or Justice or Community Magistrate or other person having jurisdiction to issue the warrant, and every person lawfully assisting him, is justified in executing the warrant; and every prison manager required under the warrant to receive and detain any person is justified in receiving and detaining him. Compare: 1908 No 32 s 46 Subsection (1) was amended, as from 1 June 2005, by section 206 Corrections Act 2004 (2004 No 50) by substituting the word “ prison ” for the words “ penal institution ” . See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52). Subsections (1) to (3) were amended, as from 1 June 2005, by section 206 Corrections Act 2004 (2004 No 50) by substituting the words “ prison manager ” for the word “ Superintendent ” wherever it appeared. See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52). Subsection (3) was amended, as from 30 June 1998, by section 2 Crimes Amendment Act (No 2) 1998 (1998 No 79) by inserting the words “ or Community Magistrate ” .