Hindering or Resisting Police: In New South Wales, interfering with police during the course of their duties can lead to serious criminal charges. One such offence is "Hinder or resist police officer in the execution of duty," set out under Section 60(1AA) of the Crimes Act 1900 (NSW). This article explores what this charge means, common scenarios where it may arise, and what you should do if you are charged.
What Does "Hindering or Resisting Police" Mean?
Under Section 60(1AA), it is a criminal offence to hinder or resist a police officer while they are carrying out their duties. This includes actions that obstruct, delay, or interfere with police as they:
- Make an arrest
- Respond to an incident
- Conduct a lawful search
- Secure a crime scene
To be guilty of this offence, the person must do something that substantially impedes the officer's ability to perform their job. The key word here is substantially, minor disruptions are not enough to justify a charge.
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How can you be charged with 'Hindering or Resisting Police'?
Police may lay this charge in various situations, including:
- Intervening in someone else's arrest: For example, physically trying to stop police from arresting a friend or family member.
- Arguing or getting in the way at a crime scene: Even verbal confrontation or refusing to step back when asked can sometimes be interpreted as hindering.
- Giving false information during a police investigation.
- Blocking access or refusing to cooperate during a lawful search.
It's important to note that being emotional, upset, or asking questions is not necessarily hindering. The police must show that your conduct had a meaningful and disruptive impact on their work.
What Are the Penalties for Hindering or Resisting Police?
The offence under Section 60(1AA) is treated seriously. If convicted, you could face:
- A criminal record
- Fines
- Imprisonment (in more serious cases)
- Community-based penalties
Penalties depend on the circumstances of the offence and your prior criminal history.
What Should You Do If You're Charged with Hindering or Resisting Police?
If you've been charged with hindering or resisting police, it's essential to seek legal advice immediately. Here are some steps you should take:
- Stay silent: You are not required to answer police questions beyond identifying yourself. Anything you say can be used in court.
- Avoid contact with co-accused: Don't discuss the incident with others involved, it may affect your case.
- Speak to a lawyer: A criminal defence solicitor can assess whether the police conduct was lawful and whether your actions meet the legal threshold for "hindering."
Defending this charge
There are several possible defences to this charge, including:
- You did not substantially hinder the officer.
- The police were not acting lawfully at the time.
- You were exercising a legal right, such as protecting someone from harm.
- There was a misunderstanding or misidentification.
An experienced solicitor can help you explore these defences and represent you in court.
Need Legal Help?
If you've been charged with hindering or resisting police, don't face it alone. Get expert legal advice to protect your rights and your future.
Contact us today for a confidential consultation and take the first step towards resolution.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
