(1) Subject to subsection (2), the person who acts under a warrant or process which is bad in law on account of a defect in substance or form apparent on the face of it, shall be relieved of criminal responsibility to the same extent and subject to the same provisions of this Code, as if the warrant or process were good in law, if he or she believed in good faith and without culpable ignorance or negligence that the warrant or process was good in law.
(2) It is a question of law whether or not the facts adduced in evidence constitute culpable ignorance or negligence in his or her so believing the warrant or process is good in law.