"Don't Touch Me!": Guide to Resisting Arrest and Hindering Police in Australia

Key Takeaways

• Common but Serious Charges: "Resisting arrest" and "hindering police" are common charges that often arise from tense and fast-moving interactions with police, but they carry serious penalties including a potential criminal record and imprisonment.

• The Key Legal Element: For you to be guilty of these offences, the prosecution must prove the police officer was acting "in the lawful execution of their duty" at the time.

• Resistance Can Be Non-Violent: "Resisting" arrest does not require a violent struggle. Acts like pulling your arm away, refusing to stand up, or going limp can be enough to constitute the offence.

• The Key Defence: The primary defence to these charges is to argue that the police officer's initial action (e.g., the arrest or search) was unlawful. This is a complex legal argument that requires an expert lawyer.

Introduction

It's a tense and often chaotic situation: a confrontation with police. In the heat of the moment, words are exchanged, you pull your arm away from an officer's grasp, or you refuse to move. Suddenly, on top of any other issue, you find yourself facing an extra charge: "Resist Arrest" or "Hinder Police."

These are some of the most common charges laid in Australia, and they are frequently misunderstood. Many people believe they are simply asserting their rights, when in the eyes of the law, they are committing a separate and serious criminal offence.

This guide will explain what these charges mean, the critical legal principle that governs them, and the importance of understanding the boundary between your rights and unlawful obstruction.

Important Note: These laws are legislated by each state and territory. This article uses the law in New South Wales (NSW), primarily the Crimes Act 1900 and the Summary Offences Act 1988, as a guiding example.

Learn more about the Crimes Act 1900 at New South Wales Legislation.

This is the most important concept to understand. For a charge of resisting or hindering police to be successful, the prosecution must first prove that the police officer was acting lawfully at the time of the incident.

This means the arrest, search, or direction the officer was giving must have been legally justified under their powers. If the initial police action was unlawful, then the officer was not acting "in the execution of their duty," and you cannot be guilty of resisting an unlawful act.

To understand the limits of police powers, it is essential to read our guides on Police Search Powers and The Arrest Process in Australia.

1. Hindering or Obstructing Police

This is a broad offence that covers any action that deliberately gets in the way of a police officer performing their lawful duty. It does not have to involve a physical interaction.

Examples of Hindering Police:

• Giving a police officer a false name and address.

• Warning others (e.g., shouting "Police!") to help them evade detection.

• Refusing to move out of the way when an officer is trying to make an arrest.

• Lying to police about the whereabouts of a suspect.

2. Resisting Arrest

This is a more specific and more serious offence. It occurs when a person actively resists or struggles against a police officer who is attempting to make a lawful arrest.

"Resisting" does not require violence. It can include:

• Pulling your arm away when an officer is trying to apply handcuffs.

• Struggling or wrestling with the officer.

• Refusing to get into the police vehicle.

• Going limp and becoming dead weight to make it difficult for officers to move you.

3. The Most Serious Charge: Assaulting Police

This is a step above resisting and involves a direct assault upon an officer who is acting in the execution of their duty. This can include spitting, pushing, shoving, or punching an officer. It is a very serious offence that often results in a term of imprisonment.

The primary defence to a charge of resisting arrest or hindering police is to challenge the legality of the officer's initial action. Your lawyer will meticulously analyse the situation to determine:

• Was the arrest lawful? Did the officer have a valid reason to arrest you in the first place?

• Was the search lawful? Did the officer have a "reasonable suspicion" to conduct the search?

• Was the direction lawful? Did the officer have the legal power to order you to do something (e.g., move on)?

If your lawyer can prove to the court that the police action was unlawful, then the charge of resisting or hindering will fail.

Crucial Warning: This is a complex legal argument to be made by a lawyer in a courtroom. It is not a justification for a physical fight with police on the street. Physically resisting, even an unlawful arrest, is dangerous and will almost always make your situation worse.

The penalties for these offences are serious and reflect the court's desire to protect police officers.

AHL Legal: Your Partner in Defending Against Resisting Arrest Charges

Facing charges of resisting arrest or hindering police? At AHL Legal, we provide expert legal advice to challenge unlawful police actions and defend your rights effectively.