Resisting Police and Resisting Arrest

In the ACT it is a criminal offence to obstruct a territory public official. This includes resisting, obstructing, intimidating or hindering a public official (such as a police officer) in exercising their duty. 

The maximum penalty for this offence is a $32,000 fine and/or 2 years’ imprisonment. 

There is also a ‘minor’ offence of Obstructing a Territory Public Official, which carries a reduced maximum penalty of an $8,000 fine and/or 6 months imprisonment. 

What is Obstructing a Territory Public Official?

Pursuant to section 361 of the Criminal Code 2002 (ACT), it is a criminal offence to obstruct, hinder, intimidate or resist a public official in the exercise of their functions as a public official. 

A public official can include a wide range of individuals, including a police officer, ambulance officer, or judicial officer. 

The following acts constitute Obstructing a Territory Public Official:

• You are being lawfully arrested by a police officer and you try to free yourself from a police officer’s grasp; 
• Your friend is being taken on a stretcher to the back of an ambulance and you prevent the officer from getting the stretcher in the back of the ambulance; 
• Police are trying to arrest your friend and you are standing between your friend and police preventing the arrest from occurring. 

What Must Be Proven?

For a person to be found guilty of Obstructing a Territory Public Official the prosecution must prove each of the following matters beyond a reasonable doubt: 

• You obstructed, hindered, intimidated, or resisted a public official;
• While the public official was exercising their functions as a public official;
• You knew that the public official was a public official;
• The public official is a territory public official; and 
• The functions being performed were the functions of a territory public official. 

If the prosecution does not prove every single one of the above elements, you will be found not guilty. 

Which Court Will Hear the Matter?

This offence is a summary matter, which means that it will be dealt with in the Magistrates Court.

Possible Defences

The following defences may be available::

• You were not obstructing, hindering, intimidating, or resisting;
• The person was not a Territory public official; 
• The Territory public official was not exercising their lawful functions (i.e. you were being unlawfully arrested). 

Common Questions

Will I receive a criminal conviction?

A conviction and criminal record for this offence is very likely. 

In the ACT, a court can impose any of the following penalties for an Obstructing Territory Public Official charge:

• Gaol sentence;
• Intensive Corrections Order (ICO); 
• Suspended Sentence; 
• Good Behaviour Order; 
• Fine;
• Non-conviction with Good Behaviour Order; or
• Non-conviction dismissal 

The consequences of a conviction can be serious depending on what you do for a living. Some jobs require you to have no criminal convictions and a conviction for Obstructing a Territory Public Official charge might jeopardise your job or make it difficult to obtain visas for overseas travel. Moreover, a conviction for an offence of violence can completely rule out certain career paths such as teaching, and a range of government employment options. 

Will I go to Gaol?

If you are found guilty of this offence, you may be sentenced to a term of full-time imprisonment, even if you have no prior criminal history. It depends on a range of facts, including your criminal history, the nature and circumstances of the offence, your subjective circumstances, among other things.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.