What is Resist arrest or hinder police ?

Resisting arrest
It is an offence to struggle against or to try to escape from police when they have made it clear that you are under arrest.

Hindering police
If you are charged with an offence of ‘hinder police’ it means the police allege that you did something that stopped a police officer from doing their duty. A common example of this is if you tried to get in the way of a police officer arresting someone else. Another example is if you stopped a police officer going onto public land or warned someone else that the police were coming. Whether you are guilty depends on the exact facts and circumstances of your case.

Case law/Jurisdiction
Under the relevant legislation Resist Arrest or Hinder Police it is to be dealt with in the Local Court.

The nature and elements of the resist offence of were considered in R v Galvin (No 2) [1961] VR 740 wherein it was held for a person’s actions to constitute “resist” there must be an opposing by force of a course of action which the person resisted was attempting to pursue: To ‘Hinder’ a police officer –has been held to be conduct that renders an action of the police officer more difficult: Donnelly v Jackman [1970] 1 WLR 562.

What must the prosecution prove?

Since Resist Arrest or hinder police is a criminal offence, the burden of proof lies on the Prosecution.

The prosecution must prove the Accused’s guilt beyond reasonable doubt.

That is a high standard of proof that the prosecution must achieve before someone can be convicted of Resist Arrest or hinder police

To establish Resist Arrest or hinder police, the prosecution must prove each of the following matters beyond reasonable doubt:

You either,

  • Resisted or hindered police; OR
  • Encouraged someone else to resist, hinder or assault police;
  • The person was a police officer in the NSW Police Force; and
  • The police officer was carrying out their duties as a police officer at that time.

The Law

The offence of ‘Resisting etc police’ is contained in section 546C of the Crimes Act 1900 (NSW) and states:

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 shall be liable on conviction before the Local Court to imprisonment for 12 months or to a fine of penalty units, or both.


National Criminal Lawyers have been successful in defending a large number of Resist Arrest or hinder police charges where the prosecution could not establish each of the elements of the offence. We have also achieved a number of non-convictions for Resist Arrest or hinder police charges.

NCL offer the following options for those who have been charged with Resist Arrest or hinder police:

  1. We will negotiate with prosecutors (police or DPP) (a term referred to as “plea negotiations”) to request that the charge is withdrawn, downgraded or fact sheets amended;
  2. NCL will Plead Not Guilty and go to hearing/trial and persuade the Court that prosecution has not proven its case beyond reasonable doubt;
  3. Plead guilty to the elements of the charge and then dispute the facts (at a special “disputed facts” hearing) with the view of having you sentenced less harshly; and/or
  4. Plead guilty with full acceptance of the facts as set out by the police and make strong submissions on your behalf requesting that the Court not record a criminal conviction.

Fequently Asked Questions

Why National Criminal Lawyers?

There are three reasons to choose National Criminal Lawyers:

1. Your best chance to get the result you’re after

We are the experts in either beating or having criminal charges withdrawn AND/OR obtaining the least restrictive penalty available. This is because no matter which option you choose within our tailored Options at Law you will be dealing with experienced criminal lawyers who can make sure the evidence is not only obtained properly but also that your case is prepared and presented to the highest best practice standards possible. This is also done without breaking your pocket.

2. How a Senior Defence Lawyer Can Help You Deal With Criminal Charges

No matter which option at law you choose, National Criminal Lawyers can guarantee that a Senior Defence Lawyer will represent you. This means that with our over 25 years of Combined criminal law experience you will get the best result possible.

3. National Criminal Lawyers are the best defenders of your rights

At National Criminal Lawyers we know that Criminal Law is a matter of Human Rights. For this reason, we take pride and passion in representing our clients. This pride and passion to assist those charged with an alleged or actual breach of the criminal law is to us a matter of righteous necessity and in that sense, you can always rest assured that National Criminal Lawyers are the best defenders of your rights. This true not only when the police have just simply got it wrong OR if they have got it right then we can speak with you and make sure you get you the best result available.

If you have been charged with any Resist Arrest or Hinder Police offence our Team and National Criminal Lawyers are well versed and specialists in having charges either withdrawn and otherwise achieving favourable outcomes.

Please contact our office on 02 9893 1889 or visit www.nationalcriminallawyers.com.au for more information about your options.

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