Criminal Lawyers for Hindering or Resisting Police
Hindering and resisting police is a summary offence in South Australia. It is a offence that carries significant penalties and consequences for those found guilty.
What is Hindering and Resisting Police?
Hindering and resisting police is an offence under section 6 of the Summary Offences Act 1953 (SA) (the Act).
What is Hindering?
Hindering means any obstruction or interference that makes a police officer's duty substantially more difficult to perform. It may include arange of conduct, but is not limited, to physical obstruction. For example, standing in the way of a police officer or arguing with police during the arrest of another person may result in a finding of guilt for the offence of hindering police.
What is Resisting?
On the other hand, resisting requires actual physical resistance. It is not enough to disobey a request, or to argue with police. However, physical resistance does not have to be an assault - for example, even pulling away from a police officer’s grasp is enough.
Often times, there is no clear distinction between assaulting, hindering and resisting police. These charges are typically laidwhere there is an element of confusion, or righting and individuals are being removed from an area in order to restore order. Usually, a person will be charged with hindering police if they interfere with the arrest of another person. Resisting on the other hand will be often be charged with a person is resisting an otherwise lawful arrest.
Why you Need Legal Advice
If you have been charged with hindering or resisting police under section 6 of the Summary Offences Act 1953 (SA), you could face significant legal consequences, including fines and potential imprisonment. A conviction for this offence can impact your criminal record, employment opportunities, and even future travel plans.
At Stanley & Co Lawyers, we understand how overwhelming and stressful criminal charges can be. Our experienced criminal defence lawyers can assess your case, advise you on your legal options, and build a strong defence to achieve the best possible outcome.
Don't risk facing the legal system alone. Contact Stanley & Co Lawyers today on 08 7001 6135 to schedule a complimentary 30-minute no-obligation consultation with one of our expert criminal lawyers.
Helpful Questions & Answers
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Elements of Hindering and Resisting Police
There are two elements of hindering and resisting police in South Australia
- The accused committed an act that constituted hindering or resisting;
- The accused realised their behaviour actually did or would probably impede the police in the performance of their duty
The prosecution must prove each of these elements beyond a reasonable doubt.
Maximum Penalties
The maximum penalty for hindering and resisting police in South Australia is a fine of $2,500 or imprisonment for 6 months.
Defences to Hindering and Resisting Police
There are several defences to hindering and resisting police, including honest mistake of fact, self-defence, necessity, and lawful authority. Honest mistake of fact is available where the accused genuinely believed they were not hindering police and it was reasonable for them to holdthat belief, self-defence is available if the defendant's conduct was necessary to defend themselves or another person from imminent and unlawful harm. Necessity may be a defence if the defendant's conduct was necessary to preventa greater harm from occurring. Finally, lawful authority is a defence if thepolice officer was acting outside of their lawful authority.
Courts that deal with the charge of Hindering and Resisting Police
The charge of hindering and resisting police is heard in the Magistrates Court of South Australia. The Magistrates Court has jurisdiction to hear and determine summary offences, which are less serious offences than indictable offences.
Consequences of being Convicted of Hindering and Resisting Police
A conviction for hindering and resisting police in South Australia carries significant consequences. The offender may face a fine or imprisonment, which can have a significant impact on their personal and professional life.
A conviction can also result in the loss of certain rights, such as the right to hold certain licences or permits. In addition, aconviction for hindering and resisting police can have a significant impact on the offender's reputation and future prospects.
Additionally, under section 6(3) of the Summary Offences Act 1953, the Court may also order the convicted person to pay to the police officer against whom the offence was committed such sum as the Court thinks fit as compensation for any damage caused to the property belonging to the Crown, and injury caused to the officer.
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