Charged With Hindering Police? Why This Is One of the Most Misused Charges in NSW

Introduction: How “Hindering Police” Becomes a Charge Out of Thin Air

In NSW, one of the most commonly misused criminal charges is hindering police (also called “obstructing police”), usually laid under s 546C of the Crimes Act 1900 (NSW).

It is a charge that appears when:

●            Someone questions police conduct,
●            Someone hesitates to comply with an order,
●            Someone moves instinctively during an arrest,
●            Or someone tries to protect a friend or filming police behaviour.

In many cases we defend at National Criminal Lawyers®, the “hindrance” was nothing more than a misunderstanding, police impatience, or a reaction to excessive force. That is why this offence is frequently challenged, withdrawn, or dismissed once lawyers expose what actually happened.

This blog explains why hindering police is often misapplied, how the law actually works, real examples of police overreach, and the defence strategies we use to protect our clients.

1. What Does “Hindering Police” Actually Mean?

Under s 546C Crimes Act, you can be charged if you:

“Resist, hinder or obstruct a police officer in the execution of their duty.”

But the law also requires that:

1.           The police officer was acting lawfully, and
2.           The accused intended to resist or hinder them in some meaningful way.

This is the part police often forget. You cannot be guilty of hindering police if the police officer themselves was:

• Acting unlawfully,
• Detaining you without reasonable suspicion,
• Conducting an illegal search, or
• Using excessive force.

This is why these charges are highly defensible.

2. Examples of What Police Call Hindering, But Are NOT Always Crimes

A. Asking “Why am I being searched?”

Many clients are charged simply for questioning the legality of a search. In law, you are allowed to respectfully ask why you’re being stopped.

B. Pulling your arm away when grabbed

A reflexive flinch is not “resistance”.

C. Moving closer to a friend who’s being arrested

Police sometimes see this as interference, even when the person is merely distressed.

D. Filming police on your phone

Filming police in a public place is legal in NSW.

Police cannot charge you simply because they don’t want to be filmed.

E. Not immediately following unclear instructions

If police give multiple conflicting commands (“Move back” vs “Stay there”), delay or confusion is normal.

F. Preventing harm

Parents restraining distressed children during a chaotic interaction are sometimes charged.

These matters are often withdrawn once the context is understood.

3. Real Examples of Police Misuse of Hindering/Resist Charges

This charge appears repeatedly in NSW matters involving strip searches, festival policing, public arguments, and mistaken arrests.

LECC’s Findings: Teen Wrongly Strip Searched at a Festival

A 16-year-old boy was threatened with a “hinder police” charge because he questioned an unlawful strip search. The Law Enforcement Conduct Commission later found police acted illegally and the child had every right to object.

The “Bathers Way” Case (Newcastle)

A woman filming police during an arrest was charged with hindering.

The Magistrate dismissed it, finding she merely stood at a distance, recording events, entirely lawful.

George Floyd Protests, Sydney

Several peaceful protesters were initially charged with hindering when they attempted to walk away or resisted unlawful detainment. Multiple charges were later withdrawn for lack of evidence and improper police procedure.

Train Station Incidents

There have been multiple recorded incidents where bystanders were charged while merely standing too close during an arrest until body-worn camera footage exonerated them.

Patterns emerge:

Many hindering charges arise because the officer feels disrespected, not because of genuine obstruction.

4. The Legal Requirement the Police MUST Prove

For a hinder police charge to succeed at law, the prosecution must prove:

1.           A police officer was acting in the execution of their duty

• The officer must have had legal justification:
• Reasonable suspicion for a search (LEPRA ss 21, 36)
• Reasonable suspicion for an arrest (LEPRA s 99)
• A lawful direction (LEPRA Part 14)

2.           The accused hindered, obstructed, or resisted them

This must be more than minor delay, confusion, fear, or instinctive movement.

3.           The accused intended to hinder (or at least did so recklessly)

If any of these fail, the charge collapses.

5. Defence Strategies: How We Beat Hindering Police Charges

At National Criminal Lawyers®, we approach hinder/resist charges with a highly structured defence model.

A. Challenge Whether the Police Were Acting Lawfully

This is the most powerful defence.

Many clients are charged after police conduct an unlawful:

• Search
• Detention
• Arrest
• Move-on direction

Under R v K (2007) and numerous NSW cases, if the police were acting unlawfully, a hinder/resist police charge cannot legally stand.

We assess:

• Did police have “reasonable suspicion”?
• Did they comply with LEPRA safeguards?
• Was the direction lawful?
• Did the arrest meet the threshold of necessity?

If not, the entire charge falls over.

B. Exposing Excessive Force

Officers sometimes escalate a non-incident into a violent arrest.

We use:

• Body-worn camera (BWV)
• Bystander video
• CCTV
• Medical evidence

If excessive force is shown, it undermines the prosecution case and often results in withdrawal.

C. Establishing Reflexive or Protective Movement

• Movement done:
• Out of fear
• As an instinct
• To protect a vulnerable person
• Due to unclear commands
  …does not meet the legal threshold of “intent to hinder”.

D. Demonstrating Police Overreach or Aggression

We examine:

• Officer attitude
• Escalation patterns
• Language
• Whether de-escalation was attempted
• Whether multiple people were charged (a red flag for misuse)

E. Using Letters of Representation

Before the matter reaches hearing, our lawyers often write a Letter of Representation to police highlighting:

• Legally invalid arrest/search
• Weak evidence
• BWV contradictions
• Case law
• No public interest in prosecution
  
  

Many charges are withdrawn early through this step alone.

6. When Hindering Is Charged Together With Other Offences

Hinder/resist charges frequently appear alongside:

• Assault police
• Offensive behaviour
• Offensive language
• Drug possession (after an unlawful search)
• Fail to comply with direction

However, if the initial interaction was unlawful, every connected charge may fall apart.

For instance; if the search was illegal, the detention was illegal and thus, resisting it cannot be a crime.

7. Sentencing Outcomes (If the Charge Is Not Defended)

Even where a guilty plea is appropriate, the Children’s Court or Local Court often allows:

• Conditional Release Order (no conviction)
• Section 10 dismissal
• Fine only
• Reduced penalty due to provocation or police escalation

But with strong defence work, most matters never reach this stage.

Conclusion: A Hindering Charge Doesn’t Mean You Did Something Wrong

Many people are shocked when they realise how easily a normal citizen can end up charged with “hindering police” in NSW. But the law is clear:

Police must act lawfully, fairly, and reasonably, and when they do not, the charge is often invalid.

If you have been charged with hindering, resisting, or obstructing police, do not attempt to handle the matter yourself. These charges are extremely defendable when handled properly.

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