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Section 44: Police immunity for obeying court warrants

44.No liability for action done under authority of warrant

(1)A police officer shall not be liable for an act done in obedience to a warrant issued by a court of competent jurisdiction.

(2)In a suit instituted against a police officer for an act referred to in subsection (1), the court shall enter judgment in favour of that police officer'

(a)on the production of a warrant containing the seal of a court of competent jurisdiction together with the signature of a judge, magistrate or registrar of a court; and

(b)on proof that the act complained of was done in obedience to that warrant.

(3)Unless the court has reasonable grounds to doubt the genuineness of a court seal or signature of a judge, magistrate or registrar of a court, no proof of the seal of a court or signature shall be required under this section.

(4)Where it is proved to the satisfaction of a court that a seal of the court or a signature referred to under subsections (2) and (3) is not genuine, judgment may be entered in favour of a police officer acting in obedience to a warrant if it is proved that at the material time that police officer had reasonable grounds to believe that the court seal or signature in question was genuine.

Plain English Summary

A police officer cannot be held personally liable for actions carried out while following a warrant issued by a proper court. If someone sues the offi...

AI-generated, for reference only.

🔍Search Tips
  • • Search by keyword: "land", "tax", "arrest"
  • • Use exact phrases: "land commission"
  • • Enter citations: 45, 45(3)(a), 45:3:a
  • • Press / to search, Esc to close

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