If guilty of resisting police you can face up to 12 months in prison or a fine of up to $1,100.
In order to be found guilty or resisting police, the police must prove that:
- You resisted or made it more difficult for the police; OR
- You encouraged someone else to resist, hinder or assault police; AND
- The person you were resisting or making it difficult for (or encouraging someone else to) was a police office); AND
- That person was carrying out their duties as a police officer at the time.
You do not have to physically touch a police officer to be found guilty of resisting an officer or of resisting arrest. As long as you do anything that makes it more difficult for a police officer to arrest you, you can be charged with this offence. Common examples of resisting police and or arrest include:
- Running away when police are trying to arrest you;
- Encouraging another person to run away when police are trying to arrest them;
- Struggling with police when they are trying to arrest you;
- Giving false information to police so that it makes arresting you more difficult.
If you have been charged with resisting police or resisting arrest, there are some possible defences available to you. These include:
- Denying that the event ever happened;
- Proving that the officer was not working at the time of the incident or that their actions were outside of the scope of their duties as a police officer;
- Proving that the police were acting illegally;
- Proving you were acting out of necessity or under duress.
These defences can be difficult to establish so if you are charged with this offence it is important that you contact your legal representative to discuss how to defend your matter.
Please note the answers provided are for your general information only and we ask you to call our office on 1800 650 656 to obtain detailed legal advice for your individual situation.
Alice Cheek | Criminal Law Solicitor