28Circumstances in which force causing death or serious harm

28 Circumstances in which force causing death or serious harm is justified In the circumstances following, the application of force that will or is likely to kill or cause serious harm is justified provided it is not unnecessary force: (a) in the case of a police officer when lawfully attempting to arrest or to assist with the arrest of a person whom he reasonably believes to be a person who: (i) unless arrested, may commit an offence punishable with imprisonment for life; (ii) has taken flight to avoid arrest; and (iv) the person has been called upon by the police officer or another police officer to surrender and has been allowed a reasonable opportunity to do so; (b) in the case of a police officer when attempting to prevent the escape or the rescue of a person from lawful custody whom he reasonably believes to be a person who, unless kept in lawful custody, may commit an offence punishable with imprisonment for life and provided the police officer first calls upon the person attempting to escape or to rescue to surrender or to desist and allows him a reasonable opportunity to do so; (c) in the case of a correctional officer (as defined in section 4 of the Correctional Services Act 2014) when attempting to prevent the escape or the rescue of a person from lawful custody and provided the officer first calls upon the person attempting to escape or to rescue to surrender or to desist and allows him a reasonable opportunity to do so; (d) in the case of a police officer when attempting to suppress a riot if all of the following apply: (i) the officer has orally ordered the immediate dispersal of persons who are riotously assembled (the rioters) or has attempted to give that order; (ii) the officer believes on reasonable grounds that, because of the rioters' conduct: (A) someone other than a rioter is in danger of death or serious harm; or Criminal Code Act 1983 23 (B) an offence in relation to property punishable with imprisonment for life is being committed; (iii) if it is practicable to do so – the officer attempts to stop the conduct and gives the rioters a reasonable opportunity to stop the conduct; (e) in the case of a police officer, or a person acting by his authority, when attempting to prevent a person committing or continuing the commission of an offence of such a nature as to cause the person using the force reasonable apprehension that death or serious harm to another will result; (g) in the case of a person in command of a ship or an aircraft, or a person acting by his authority or any person on board such ship or aircraft, when attempting to prevent a person committing or continuing the commission of an offence of such a nature as to cause the person using the force reasonable apprehension that death or serious harm will result.