Charged with resisting or hindering police?
A charge of hindering or resisting a police officer can arise during an arrest, search, move-on direction or other police interaction. ED Legal provides advice and court representation for these matters across Sydney and NSW.
Police body-worn video and other recordings often play an important role. The law also requires attention to whether the officer was acting in the execution of their duty and what conduct is actually alleged to amount to hindering or resisting.
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How we can help you
We can review body-worn video, CCTV, statements, custody records and other available material, compare it with your account and identify the factual and legal issues.
We can advise on the lawfulness and context of the police interaction, prepare a defended hearing, make representations where appropriate and represent you at court.
After an arrest or police interaction
If police want a further interview or statement, obtain legal advice before deciding whether to participate. Keep any charge papers, bail documents and property receipts you were given.
Write down what you remember while events are fresh, including what police said or did, who was present and whether there may be CCTV or witnesses. Preserve relevant recordings rather than editing or posting them online.
Understanding the offence
Section 60(1AA) of the Crimes Act 1900 (NSW) makes it an offence to hinder or resist, or incite another person to hinder or resist, a police officer in the execution of the officer's duty.
Execution of duty
Whether the officer was acting in the execution of duty can be an important issue. The legality and circumstances of the police conduct may require close examination, particularly where the charge arises from an arrest or exercise of police powers.
What conduct is alleged
The prosecution must prove the conduct relied on as hindering or resisting. The precise words, movements, timing and surrounding circumstances matter, and body-worn video may support or contradict the written police account.
Maximum penalty
The maximum penalty for an offence under section 60(1AA) is 12 months imprisonment, a fine of 20 penalty units, or both. Related assault or other police-offence charges may carry different and more serious penalties.
Defending a resist or hinder police charge
A defence may involve disputing what occurred, whether your conduct amounted to hindering or resisting, or whether the prosecution can prove the officer was acting in the execution of duty.
The lawfulness of an arrest or other exercise of power can be relevant, but the analysis is fact-specific. It is important to review the actual power relied on, what police knew at the time and how events unfolded.
Body-worn video, independent CCTV and witness evidence can be particularly important where the police and accused give different accounts.
If you also face assault police, offensive conduct or other charges, those allegations should be analysed together because the same incident may produce several charges with different elements.
Deciding how to respond at court
Get advice before entering a plea. If the charge is disputed, we can identify the issues for hearing and prepare cross-examination and other evidence. Where appropriate, representations can be made about the charge or police facts.
If you intend to plead guilty, we can review the facts relied on by the prosecution and prepare relevant sentencing material.
Related charges and bail
Some police-interaction matters involve additional charges or bail conditions. If you are in custody or have conditions affecting your movements or contact with others, tell us immediately.
We can advise about bail as well as the resist or hinder charge, including any related allegation of assaulting police or failing to comply with another lawful requirement.
Sentencing and your circumstances
If the offence is proved, the court considers the nature of the obstruction or resistance, the circumstances of the police interaction, any related offending, your record and your personal circumstances. We can explain the sentencing options and prepare your case.
Preparing to speak with a lawyer
Tell us the exact charge, the court and next date, and whether there is body-worn video or CCTV you know about. Have any Court Attendance Notice, bail papers and police facts available where possible.
For advice about a resist or hinder police charge, contact ED Legal for a free initial consultation. You can also explore our broader criminal law services.
Sources
Disclaimer: This information is general in nature and is not legal advice. It is intended as a guide only. You should obtain formal legal advice about your specific circumstances.
