Section 28 — Crimes Act 1961: Sentence or process without jurisdiction

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 Subsection (1) was 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 ” . See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52). Subsection (1)(a) was amended, as from 30 June 1998, by section 2 Crimes Amendment Act (No 2) 1998 (1998 No 79) by inserting the words “ Community Magistrate, ” . Subsection (1)(b) was amended, as from 30 June 1998, by section 2 Crimes Amendment Act (No 2) 1998 (1998 No 79) by inserting the words “ , Community Magistrate, ” .