Legal Implications of Obstruction and Resisting Arrest (Australia)

In Australia, obstruction, hindering, and resisting arrest are criminal offences that arise when a person interferes with a police officer performing lawful duties. These charges are common across jurisdictions, although the exact legislation and penalties vary by state and territory.

What Constitutes Obstruction or Resisting Arrest?

Obstruction or hindering police generally includes any conduct that interferes with, delays, or makes it more difficult for an officer to carry out their lawful duties. Examples include refusing lawful directions, blocking police actions, or interfering in another person’s arrest [1](https://lawtram.com.au/legal-help/criminal-lawyers/resisting-arrest-and-obstructing-police/)[2](https://lawhandbook.sa.gov.au/ch12s06s03s02.php).

Resisting arrest usually involves physical resistance, such as struggling, pulling away, or attempting to flee during a lawful arrest. Verbal disagreement alone is typically not sufficient, but physical conduct short of assault may still meet the threshold [2](https://lawhandbook.sa.gov.au/ch12s06s03s02.php)[3](https://sydneycriminaldefenceandtrafficlawyers.com.au/blog/understanding-and-avoiding-the-offence-of-resisting-arrest-or-hindering-police/).

Key Legal Elements

• The person obstructed or resisted must be a police officer (or prescribed emergency worker).
• The officer must be acting in the lawful execution of their duty.
• The accused must have intentionally opposed, interfered with, or hindered those duties [4](https://criminalcpd.net.au/wp-content/uploads/2020/08/Escaping-Obstruction-Resisting-and-Hindering-190719.pdf)[5](https://www.criminalsolicitorsmelbourne.com.au/offence/assault-offences/resisting-arrest/).

Penalties and Outcomes

Penalties vary by jurisdiction. For example, in New South Wales, resisting or hindering police can result in up to 12 months imprisonment or a fine, while in Victoria the offence may carry higher maximum penalties depending on the circumstances [4](https://criminalcpd.net.au/wp-content/uploads/2020/08/Escaping-Obstruction-Resisting-and-Hindering-190719.pdf)[5](https://www.criminalsolicitorsmelbourne.com.au/offence/assault-offences/resisting-arrest/).

Even if the original reason for police involvement is withdrawn or dismissed, obstruction or resisting arrest charges may still proceed independently in court [1](https://lawtram.com.au/legal-help/criminal-lawyers/resisting-arrest-and-obstructing-police/).

Common Defences

Possible defences include demonstrating that the police officer was not acting lawfully, or that the accused acted in self-defence. If police use unreasonable force or exceed their legal powers, a charge may fail [2](https://lawhandbook.sa.gov.au/ch12s06s03s02.php)[3](https://sydneycriminaldefenceandtrafficlawyers.com.au/blog/understanding-and-avoiding-the-offence-of-resisting-arrest-or-hindering-police/).

Case Management Considerations

Case managers should carefully document the client’s account, the nature of police conduct, and any available evidence (such as body-worn camera footage). Understanding whether police actions were lawful is critical to assessing risk and legal exposure.

This article provides general information only and is not a substitute for legal advice.