Resist Arrest

In NSW it is an offence to resist police or resist arrest, contrary to section 546C of the Crimes Act 1900. Any person who resists or hinders, or incites any person to assault, resist or hinder a police officer in the execution of his or her duty will be liable on conviction to a term of imprisonment of 12 months.

Police will need to establish that you personally resisted or hindered police, or encourage someone else to do this. The only other factor necessary to establish this offence is that the victim was a police officer executing their duties at the time. This charge can be very difficult to disprove, and it is more than likely you will receive a criminal conviction. It is important to seek legal advice to have the best chance of avoiding this.  

Assault Police 

The offence of ‘assault police officer in the execution of their duty’ contrary to section 60 of the Crimes Act 1900 is a serious charge. Examples of this kind of offence include kicking, punching or pushing a police officer to stop them arresting you or someone else, threatening a police officer, or seeking out and threatening/assaulting a police officer whilst they are off-duty.

In order to establish this offence police must prove that you; assaulted, harassed or intimated a person, who was a police officer, who was in the execution of their duties at the time of assault. If the assault occurred during a public disorder, or caused actual bodily harm, the charge will be more severe.

Where a person assaults a police officer although no actual bodily harm is occasioned, the person will be liable to imprisonment for up to 5 years. Where a person assaults a police officer during a public disorder, although no actual bodily harm was obtained, they will be liable for a term of imprisonment up to 7 years. Where the assault occasions actual bodily harm but is obtained not during a public disorder, the term of imprisonment increases to 7 years, or alternatively 9 years if the assault does occur during a public disorder.

A person who by any means wounds or causes grievous bodily harm to a police officer while in the execution of the officer’s duty, and is reckless in causing that harm, they will be liable for a term of imprisonment of up to 12 years. If this occurs during a public disorder, the penalty will be increased to up to 14 years.

A defence exists where the person did not believe, and could not reasonably believe, that the person was a police officer. Otherwise it is sometimes possible to raise the defences of necessity, self-defence or duress as a reason for the alleged conduct. These are often difficult offences to prove, however.