Charged with Resisting Police or Disobeying a Direction? Why Hiring the Right Sydney Lawyer Matters: Have you been charged with resisting a police officer or failing to comply with a police direction in NSW?
These charges often arise in heated or high-pressure situations like protests, but they still carry serious legal consequences. For example, fines, criminal records, or even jail time. Understanding your rights when arrested a protest and having an experienced criminal lawyer by your side can make the difference between conviction and walking free.
The Charges of Resisting Police Explained
Two common offences in this area of law related to protest arrests are:
- Hinder or Resist Police Officer in the Execution of Duty: under Crimes Act 1900 (NSW), s 60(1AA). This offence includes any act that delays, obstructs, or interferes with police carrying out their duties, even if no physical violence is involved.
- Refuse/Fail to Comply with Direction: under Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), ss 197 and 199. This usually relates to failing to follow a move-on direction, often issued during protests, public gatherings, or police investigations.
Both offences are treated seriously by the courts and often hinge on complex legal questions around police powers and your right to protest or remain silent.
Why a Skilled Criminal Defence Lawyer is Essential
Defending these types of charges requires more than just a basic understanding of the law. A strong legal defence often involves:
- Challenging the lawfulness of the police direction or arrest
- Arguing the conduct didn't meet the legal threshold for hindering or resisting
- Demonstrating that any non-compliance was reasonable, peaceful, or protected by law
- Exposing failures by police to follow procedure or respect your rights
An experienced criminal lawyer in Sydney can assess whether the charges should stand at all, and often negotiate for them to be withdrawn before court.
Case Study: Protester Has All Charges Dropped After Resisting Police Charges
Our client, we'll call him Dan*, was peacefully protesting outside an industrial site when approached by police and issued a move-on direction under LEPRA. When Dan questioned the legal basis for the direction, as is his right, he was arrested and charged with:
- Hindering police (s 60(1AA), Crimes Act), and
- Failing to comply with a direction (ss 197, 199, LEPRA)
Our lawyers reviewed the police brief and body-worn camera footage and found the direction was unlawful, and that Dan's arrest amounted to false imprisonment. All charges were withdrawn by the police before the hearing.
Charged with Resisting Police at a Sydney Protest Arrest? Call our Criminal Lawyers Now
If you've been charged with resisting police, failing to comply with a direction, or any offence involving the Crimes Act 1900 (NSW) or LEPRA, you need expert legal advice. At O'Brien Criminal and Civil Solicitors, we regularly represent clients charged in connection with protests, public order incidents, and police encounters.
*We always change details in our case studies like the one above to protect client confidentiality.
Read our other successful Criminal Case Studies.
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.
