Section 6 of the South Australian Summary Offences Act 1953 creates specific offences with respect to police operations. It is an offence for a person to:

1. assault;
2. hinder; or
3. resist

a Police officer in the execution of their duties.

Resting a police officer is usually charged where a person resists a lawful arrest.

Resisting requires some actual physical resistance; refusing to do what a police officer asks or verbal arguing is not sufficient. For example, pulling away from a police officer’s grasp may be an offence. Further, once an arrest is completed, further resistance by an accused is not resisting arrest.

The maximum penalty for this offence is $2,500 or imprisonment for six months

It may be a defence to the charge if:

• there is an honest and reasonable mistake of fact; or
• the arrest was completed.

It is not a defence, however, to say that you were not guilty of the offences which the police were investigating.

The Police Prosecution must prove:

1. that you resisted a police officer in their arrest.

The Police Prosecution do not have to prove any intent to resist arrest on your part.

Resting police is a summary offence and will be heard in the Magistrates Court of South Australia.

Come and see the professional team at Caldicott Lawyers for assistance in your resisting police matter.