Section 38 — Crimes Act 1961: Arrest during flight

38 Arrest during flight (1) Every one is protected from criminal responsibility for arresting without warrant any person whom he believes, on reasonable and probable grounds, to have committed an offence against this Act, and to be escaping from and to be freshly pursued by any one whom he believes, on reasonable and probable grounds, to have lawful authority to arrest that person for the offence. (2) This section shall apply whether or not the offence has in fact been committed, and whether or not the arrested person committed it. Compare: 1908 No 32 s 58