Generally, police can only place you under arrest if they have a reasonable suspicion that you have, or are about to, commit a crime. There are strict procedures a Police officer must follow if they are going to place you under arrest.

A charge of Assaulting Police, Resisting Arrest or Hindering or Obstructing a Police Officer is a serious charge, and it is important you have a lawyer who has an extensive knowledge of not only the law, but also the procedures Police are required to follow in placing you under arrest. It may be the case that the Police have failed to adhere to their own procedures when charging you with this type of offence.

Not surprisingly police will usually prosecute such a charge with vigour. For that reason you will need to be competently advised and represented to protect your own rights.

One of our experienced lawyers can identify if you can defend your charges, including because a Police officer failed to follow correct procedure.

Call one of our experienced Criminal Law solicitors for free initial advice on your circumstances on (02) 9525 8688

The Law

Section 60 of the Crimes Act 1900 states:

1. Any person who assaults, stalks, harasses or intimidates a police officer while in the execution of the officer‘s duty, although no actual bodily harm is occasioned to the officer, is liable to imprisonment for 5 years.
2. Any person who assaults a police officer while in the execution of the officer‘s duty, and by the assault occasions actual bodily harm, is liable to imprisonment for 7 years.
3. Any person who maliciously by any means: (a) wounds a police officer, or (b) inflicts grievous bodily harm on a police officer, while in the execution of the officer‘s duty is liable to imprisonment for 12 years.

Such charges can be laid in relation to a police officer who is not uniformed or even on duty. The penalty for the offence of a common assault and other actions against police officers can be 5 years imprisonment.

If you are to be arrested you should be informed not only that you are under arrest, but the reason for that arrest. A police officer may use as much force as is reasonably necessary to arrest you. Unreasonable force is assault.

You can also be charged with this offence if you assist or incite somebody to resist arrest, or hinder an officer from executing their duty. Positive action must be taken to resist arrest, for example, struggling against the officer or running away. In accordance with section 315 of the Crimes Act a person who does anything intending in any way to hinder the investigation of a serious indictable offence committed by another person, or the discovery of evidence concerning a serious indictable offence committed by another person, or
the apprehension of another person who has committed a serious indictable offence, is liable to imprisonment for 7 years.

For further information call one of our experienced Criminal Law solicitors for some free initial telephone advice on (02) 9525 8688