OFFENCES AGAINST POLICE

Offences Against Police in New South Wales

Offences against police officers are treated with particular seriousness under New South Wales law due to the essential role police play in maintaining public order and safety. These offences are prosecuted under the Crimes Act 1900 (NSW) and the Summary Offences Act 1988 (NSW), with harsh penalties, especially where violence or intimidation is involved.

Relevant Legislation

The key provisions include:

  • Section 60, Crimes Act 1900 (NSW) – Assault and other actions against police officers

  • Section 546C, Crimes Act 1900 (NSW) – Resisting or hindering police

  • Section 9, Summary Offences Act 1988 (NSW) – Offensive conduct, language or behaviour toward police

These laws apply specifically to police officers acting in the execution of their duty, including on and off duty in some circumstances.

Assaulting Police – Section 60

Under Section 60, it is an offence to assault, throw a missile at, stalk, harass, or intimidate a police officer while they are performing their official duties.

Penalties:

  • Basic offence (assault without injury): Up to 5 years’ imprisonment

  • If actual bodily harm is caused: Up to 7 years’ imprisonment

  • If grievous bodily harm is caused: Up to 12 years’ imprisonment

  • If the offender is part of a group or the assault is premeditated: Penalties may be further increased

Resisting, Hindering, or Intimidating Police – Section 546C

A person commits an offence if they resist, hinder, or incite resistance against a police officer in the execution of their duty.

Penalty:

  • Up to 12 months' imprisonment and/or a fine of $1,100

This section is often used in situations where a person physically resists arrest or obstructs police from lawfully carrying out their duties.

Offensive Behaviour and Language – Section 9, Summary Offences Act

Using offensive language or behaving offensively towards police in public may result in charges under the Summary Offences Act.

Penalty:

  • Up to 3 months' imprisonment and/or a fine of $660

Example Scenarios

  • Assaulting Police: A person punches an officer attempting to arrest them at a traffic stop.

  • Resisting Arrest: An individual physically struggles and refuses to comply when police attempt to detain them.

  • Spitting or Throwing Objects: Spitting at a police officer or throwing an object during a public disturbance.

  • Threatening Behaviour: Verbally threatening or aggressively following a police officer.

  • Obstructing an Investigation: Interfering with a police search or investigation, such as by hiding evidence or misleading officers.

Common Legal Defences

Possible defences to charges of offences against police may include:

  • Lack of Intent: The accused did not intend to assault, resist, or hinder the police.

  • Self-Defence: The accused believed they were under threat and acted to protect themselves from unlawful force.

  • Unlawful Arrest or Misconduct by Police: The officer was not acting lawfully or within their powers at the time of the alleged offence.

  • Mistaken Identity: The accused was not the person involved in the incident.

  • No Execution of Duty: The officer was not acting in the lawful execution of their duty (a necessary element for many offences).

Each case is fact-specific and should be reviewed by a qualified defence lawyer to determine the most appropriate defence.

Sentencing Considerations

When sentencing for offences against police, courts consider:

  • The degree of violence used

  • Whether any injury was caused

  • The context of the incident (e.g. public event, arrest, intoxication)

  • The accused’s prior criminal history

  • Remorse, cooperation with authorities, or early guilty pleas

The courts also recognise the broader public interest in protecting law enforcement officers, which can lead to more severe penalties for serious or repeated offences.

Legal Representation

Charges involving police officers carry serious legal and reputational consequences, including imprisonment and potential impacts on employment or visa status. It is essential to obtain early legal advice if you are facing charges of assaulting or resisting police. A criminal defence lawyer can assess the circumstances, identify any defences, and represent your interests in court.