Resisting Police

Example:

Peter has had too much to drink and is making a nuisance of himself at the local shopping centre. The local community constable is called and after Peter refuses to leave the area the Police officer puts his hand on Peter’s right shoulder and states that Peter is arrested for disorderly conduct. Peter pushes the officer’s hand away from him and walks off. He is arrested charged with disorderly conduct and resisting a Police officer. 

Offence:
Resisting a Police officer – section 23 of the Summary Offences Act 1981

It is an offence to resist any constable acting in the execution of his/her duty.

Penalty:
There is a maximum penalty of 3 months imprisonment or a fine not exceeding $2000.

Likely sentence:
Peter is likely to get a fine of $150 and court costs of $130. He could mitigate the sentence by apologizing to the Police officer (by letter) before the matter is heard in court and providing a copy of that letter to the Duty Lawyer. He will also be convicted on the disorderly conduct charge. In some cases, the Police are prepared to withdraw some charges if an offender agrees to plead guilty on other charges. In this case, Peter could ask the Duty Lawyer to see if Police will withdraw the resisting arrest if he pleads guilty to the disorderly conduct charge at the first appearance.

Special notes:
It is also an offence to encourage any other person to resist the Police. For example, Peter’s friend Bob shouts out to Peter from across the road, “Don’t listen to the Police officer Peter, just walk away!” Bob may also be charged with resisting a Police officer.