Resisting, hindering or obstructing police is one of the most frequently laid charges in Victoria, often arising in tense or fast-moving situations such as arrests, move-on directions and public order incidents. McMahon Criminal Defence Lawyers defends these charges at the Ballarat Magistrates’ Court and across Victoria on fixed fees.
The Offences
There are two main forms, depending on seriousness:
- Resist or hinder police (section 52 of the Summary Offences Act 1966) — the common summary offence of resisting, hindering or obstructing a member of the police in the execution of their duty. It carries a fine or a relatively short maximum term of imprisonment, and is heard in the Magistrates’ Court.
- Assault or obstruct an emergency worker (section 31 of the Crimes Act 1958) — the more serious indictable offence where a person assaults, threatens, resists or intentionally obstructs an on-duty emergency worker (including police), carrying a maximum of 5 years and, in some circumstances, mandatory minimum sentencing.
What the Prosecution Must Prove
- the person was a police or emergency worker acting in the lawful execution of their duty;
- the accused resisted, hindered, obstructed (or, for section 31, assaulted) them; and
- the relevant state of mind — including, for section 31, knowledge or recklessness that the person was an emergency worker.
The phrase “in the execution of their duty” is critical: if the police were not acting lawfully — for example, conducting an unlawful arrest or search — an essential element may be missing.
Defending the Charge
- Police not acting lawfully — the arrest, detention or direction was unlawful, so police were not in the execution of their duty;
- No resisting or obstruction in fact;
- Self-defence against unlawful force;
- Factual dispute about what occurred, often resolved by body-worn camera footage; and
- Negotiated resolution, including diversion in suitable cases.
Body-worn camera and CCTV footage is often decisive in these cases, so obtaining and analysing it early matters. Contact us for advice.
Frequently Asked Questions
What does ‘in the execution of their duty’ mean?
It means the police officer must have been acting lawfully at the time. If the police were acting unlawfully — for example, making an unlawful arrest or conducting an unlawful search — they may not have been in the execution of their duty, which can mean an essential element of the charge is missing.
What is the difference between resisting police and assaulting an emergency worker?
Resisting or hindering police under section 52 of the Summary Offences Act is the less serious, summary offence. Assaulting or obstructing an on-duty emergency worker under section 31 of the Crimes Act is the more serious indictable offence, carrying up to 5 years and, in some cases, mandatory minimum sentencing.
Can I defend a resist police charge if the arrest was unlawful?
Potentially, yes. If the police were not acting lawfully, an essential element of the offence may not be made out, and self-defence against unlawful force may also be available. Whether this applies depends on the specific circumstances and the evidence, including any footage.
Is body-worn camera footage important in these cases?
Very. Resist and obstruct charges often turn on exactly what happened in a fast-moving situation, and body-worn camera or CCTV footage frequently provides the clearest account. Obtaining and carefully analysing that footage early is an important part of the defence.
Can I get diversion for resisting police?
In suitable cases, yes — particularly for lower-level summary matters with little or no prior history. Diversion resolves the charge without a finding of guilt, subject to prosecution consent. Early negotiation improves the prospects.
Get Expert Legal Advice — Fixed Fees, No Surprises
McMahon Criminal Defence Lawyers provides experienced, fixed-fee representation for this charge and all criminal matters, appearing at the Ballarat Magistrates’ Court and across Victoria. Contact us for a free, confidential initial consultation.
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