Zimbabwe Rule of Law Journal |131
concerned from escaping.
(2) Where a person whose arrest is attempted is killed as a result of the use of reasonably justifiable
force in terms of subsection (1) the killing shall be lawful if the person was to have been arrested
on the ground that he was committing or had committed, or was suspected on reasonable grounds
of committing or having committed an offence referred to in the First Schedule.
Implied defence in the Prisons Act [Chapter 7:11]
30 Use of weapons by prison officers
(1) Subject to this section, a prison officer may use a weapon against—
(a) a prisoner who is—
(i) escaping or attempting to escape; or
(ii) engaged in a combined outbreak or in an attempt to force, break open or scale the outside door,
gate, fence or enclosure wall of the prison; or
(iii) using violence to him or another prison officer or other person;
(b) a person who—
(i) whilst assisting a prisoner to escape, is using violence to him or another prison officer or other
person; or
(ii) is engaged in a combined break-in or in an attempt to force, break open or scale the outside door,
gate, fence or enclosure wall of the prison or an inside door, gate, fence or wall of the prison; or
(iii) whilst so engaged, is using violence to him or another prison officer or other person.
(2) Resort shall not be had to the use of a weapon—
(a) in terms of subparagraph (i) of paragraph (a) of subsection (1), unless—
(i) the prison officer has reasonable grounds to believe that he cannot otherwise prevent the escape;
and
(ii) the prison officer gives a warning to the prisoner that he is about to use the weapon against
him; and
(iii) the warning given by the prison officer is unheeded;
Select target paragraph3
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