Dodging arrest and getting in the way of cops are big no-nos in New South Wales. They can lead to hefty fines or even jail time. Imagine trying to stop a police officer from doing their job, like trying to run when they’re arresting you or blocking their duties. It’s not just a slap on the wrist. Anyone can end up in hot water if they’re caught doing this. It’s like poking a bear and expecting not to get swatted. Understanding the serious consequences of these actions is a smart move. Why risk it when it’s essential to just let officers do their thing and handle situations calmly? Stay out of trouble and make life simpler.

It is crucial for the general public to understand the legal implications of these offences and the potential consequences of engaging in such behaviour This article aims to provide a comprehensive overview of the offences of resisting arrest and hindering police, explaining the legal basis, elements of the offences, and possible defences, while also offering practical advice on how to avoid finding oneself in such situations.

What Constitutes Resisting Arrest or Hindering Police?

Resisting arrest and hindering police are serious offences that can lead to significant legal consequences. It’s crucial to understand what actions may be considered as resisting arrest or hindering police to avoid inadvertently committing these offences.

Common Examples of Resisting Arrest

Resisting arrest occurs when a person opposes a police officer’s attempt to lawfully arrest them. Some common examples of actions that may constitute resisting arrest include:

• Struggling against a police officer who is trying to handcuff you
• Attempting to escape or flee from police after they have made it clear that you are under arrest
• Using physical force to prevent an officer from arresting you, such as pushing, hitting, or kicking

It’s important to note that simply arguing with or verbally disagreeing with an officer does not amount to resisting arrest. However, any physical resistance or active opposition to the arrest process may be considered an offence.

Common Examples of Hindering Police

Hindering police involves any action that makes a police officer’s duties more difficult to perform. This can include interfering with an arrest or investigation, even if you are not the person being arrested. Examples of hindering police may include:

• Physically obstructing a police officer from arresting someone else
• Providing false information to police during an investigation
• Warning someone that the police are coming to arrest them, allowing them to escape
• Encouraging or inciting others to resist or assault police officers

Hindering police can also involve refusing to comply with lawful directions given by a police officer. For instance, if an officer instructs you to move away from a crime scene and you refuse, this may be considered hindering police.

It’s crucial to remember that police officers have a duty to maintain public order and safety. Interfering with their ability to carry out this duty, whether intentionally or unintentionally, can lead to charges of resisting arrest or hindering police. If you are unsure about your rights or the lawfulness of a police officer’s actions, it is best to comply with their instructions and seek legal advice as soon as possible.

Legal Basis for the Criminal Offence of Resisting Police Arrest in NSW

The offences of resisting arrest and hindering police are established under Section 546C of the Crimes Act 1900 (NSW). This section provides the legal basis for these offences, outlining the elements that must be proven by the prosecution to secure a conviction.

Elements of the Offence

To establish the offence of resisting arrest or hindering police, the prosecution must prove the following elements beyond a reasonable doubt:

• The accused either:
  • Resisted or hindered police; or
  • Encouraged someone else to resist, hinder, or assault police.
• The person involved was a police officer in the NSW Police Force.
• The police officer was carrying out their duties as a police officer at the time of the incident.

If the prosecution fails to prove any of these elements, the accused cannot be found guilty of the offence.

Maximum Penalties

The offence of resisting arrest or hindering police is considered a serious matter, and the penalties reflect this. If found guilty, an individual can face:

• Imprisonment for up to 12 months; and/or
• A fine of up to 10 penalty units (currently $1,100).

These maximum penalties emphasise the gravity of the offence and the importance of not interfering with police officers in the execution of their duties. However, it’s important to note that the actual sentence imposed will depend on the specific circumstances of the case and the offender’s background.

Police Powers and Limitations

Police officers have significant powers to maintain law and order, but these powers are not unlimited. Understanding the extent and limitations of police authority is crucial for citizens to protect their rights and avoid unintentionally resisting arrest or hindering police.

Lawful Execution of Police Duties

For an arrest to be lawful, police officers must follow specific procedures outlined in the Law Enforcement (Powers & Responsibilities) Act 2002 (LEPRA). Under section 202 of LEPRA, a police officer must, as soon as reasonably practicable:

• Identify themselves as a police officer (unless in uniform)
• Provide their name and place of duty
• Explain the reason for exercising their powers

Failure to follow these procedures can render an arrest unlawful, potentially invalidating charges of resisting arrest or hindering police.

Additionally, section 99 of LEPRA outlines the circumstances under which police can arrest someone without a warrant. The officer must suspect on reasonable grounds that the person is committing or has committed an offence, and the arrest must be reasonably necessary for one or more specified reasons, such as preventing the continuation or repetition of the offence or ensuring the person appears before a court.

Unlawful Arrest and Its Implications

If police fail to follow the required procedures or lack the necessary reasonable suspicion, an arrest may be deemed unlawful. In such cases, a person cannot be found guilty of resisting arrest or hindering police, as the officers were not acting in the lawful execution of their duties.

However, proving an arrest was unlawful can be complex and often requires the assistance of an experienced criminal defence lawyer. It involves a thorough understanding of police powers, the specific circumstances of the arrest, and relevant case law.

When facing charges of resisting arrest or hindering police, it is crucial to carefully examine the actions of the officers involved. If there is evidence that the arrest was unlawful or that the officers acted outside the scope of their authority, it may provide a strong defence against these charges.

Possible Defences

When facing charges of resisting arrest or hindering police, it’s important to understand the potential defences available. These defences can provide a legal argument against the charges, potentially leading to a dismissal or reduction of the charges.

Honest and Reasonable Mistake

One possible defence is that of an honest and reasonable mistake. This defence applies when the accused person genuinely believed, on reasonable grounds, that the person they were interacting with was not a police officer or was not acting in the lawful execution of their duty.

For example, if an individual resists or hinders someone they honestly believe to be a civilian impersonating a police officer, they may have a valid defence. However, the belief must be both honest and reasonable under the circumstances.

Self-Defence

In some situations, self-defence may be a valid legal argument against charges of resisting arrest or hindering police. This defence applies when the accused person uses reasonable force to protect themselves from unlawful physical force or the threat of unlawful physical force.

For self-defence to be applicable, the force used by the accused must be proportionate to the threat they face. Additionally, the accused must not have initiated the confrontation or used excessive force beyond what was necessary for self-protection.

It’s important to note that arguing self-defence can be complex, as it requires a thorough understanding of the specific circumstances and the reasonableness of the accused person’s actions. Seeking legal advice from an experienced criminal defence lawyer is crucial in determining whether self-defence is a viable argument in a particular case.

While honest and reasonable mistake and self-defence are two potential defences against charges of resisting arrest or hindering police, their applicability depends on the unique facts of each case. A skilled legal professional can assess the situation and advise on the most appropriate defence strategy.

Legal Consequences and Sentencing Options

If found guilty of resisting arrest or hindering police, the legal consequences can vary depending on the severity of the offence and the individual’s circumstances. The maximum penalty for these offences under Section 546C of the Crimes Act 1900 (NSW) is 12 months imprisonment, a fine of $1,100, or both.

Factors Considered in Sentencing

When determining an appropriate sentence, the court will consider various factors, such as:

• The offender’s character, age, and criminal history
• The circumstances and seriousness of the offence
• Any extenuating or mitigating factors
• The need for deterrence and community protection

In some cases, the court may choose to impose a more lenient sentence, such as a good behaviour bond or community service order, particularly for first-time offenders or those with compelling mitigating circumstances.

Importance of Legal Representation

Given the potential for serious legal consequences, it is crucial to seek professional legal advice and representation when facing charges of resisting arrest or hindering police. An experienced criminal defence lawyer can:

• Assess the strength of the prosecution’s case
• Identify any potential defences or mitigating factors
• Negotiate with prosecutors for reduced charges or penalties
• Represent the accused in court and present the strongest possible defence

Having skilled legal representation can significantly impact the outcome of a case and help the accused navigate the complex legal system.

Conclusion: A Criminal Defence Lawyer Can Ensure the Best Outcome

Resisting arrest and hindering police are serious offences that can result in significant legal consequences. It is crucial for individuals to understand what actions may constitute these offences and the potential penalties they face if convicted.

By familiarising themselves with their rights and the limitations of police powers, individuals can better protect themselves in interactions with law enforcement. However, if charged with resisting arrest or hindering police, it is essential to seek experienced legal representation to ensure the best possible outcome.

Start resolving your legal concerns. Call our trusted attorneys now.

Frequently Asked Questions