Resisting arrest or obstructing a police officer is a criminal offence in every Australian state and territory. It typically occurs when a person physically resists being detained, delays police action, or interferes with police performing their lawful duties.
You don’t have to use violence to be charged—simply refusing to comply, pulling away, or interfering with an arrest or investigation can result in a criminal charge.
These offences are taken seriously and can lead to fines, a criminal record, or imprisonment—especially if coupled with other charges like assault or public disorder. This guide breaks down how these offences are prosecuted across Australia, including state-specific laws, penalties, and available defences.
Police can lay a charge for resisting or obstructing under several circumstances, including:
Struggling or pulling away during arrest
Physically blocking or interfering with police
Encouraging others to resist police
Delaying or hindering the execution of a search warrant or lawful duty
In most cases, charges are laid immediately after an incident using a Court Attendance Notice (CAN), or by arrest if the behaviour is violent or ongoing.
Resisting arrest or obstructing police is generally dealt with in the Magistrates’ or Local Court unless associated with more serious charges. The process typically involves:
First court appearance: Bail determination and reading of charges
Disclosure of evidence: Police statements, CCTV, bodycam footage
Plea or trial: The accused pleads guilty or contests the charge
Sentencing: Ranges from fines to imprisonment
Defences to resisting arrest or obstructing police may include:
Unlawful arrest: If the arrest was not lawfully executed
Excessive force: Resisting disproportionate or unnecessary police force
Lack of intent: No deliberate action to resist or obstruct
Mistaken identity
Mental health or impairment
Resisting arrest or obstructing police is a criminal offence across Australia, often arising during confrontations with law enforcement. These charges are treated seriously, particularly when they involve physical resistance, interference with lawful duties, or public disorder. Below is a state-by-state breakdown of the relevant laws, penalties, legal definitions, and court processes in NSW, VIC, QLD, SA, WA, and the ACT.
Relevant Act: Crimes Act 1900 (NSW), s546C
Offence: Resisting or hindering police officer in execution of duty
Penalty: Up to 12 months imprisonment and/or fine of $1,100
Court: Local Court
Relevant Act: Crimes Act 1958 (VIC), s52
Offence: Resisting or assaulting police or emergency worker
Penalty: Up to 5 years imprisonment
Court: Magistrates’ Court or County Court (depending on severity)
Relevant Act: Criminal Code Act 1899 (QLD), s790
Offence: Obstructing a police officer
Penalty: Up to 12 months imprisonment or 40 penalty units
Court: Magistrates’ Court
Relevant Act: Criminal Code Act Compilation Act 1913 (WA), s172
Offence: Obstructing public officers (including police)
Penalty: Up to 3 years imprisonment or fine up to $36,000
Court: Magistrates’ Court or District Court (if serious)
Relevant Act: Summary Offences Act 1953 (SA), s6
Offence: Hindering or resisting police
Penalty: Up to 2 years imprisonment or fine up to $10,000
Court: Magistrates’ Court
Relevant Act: Crimes Act 1900 (ACT), s221
Offence: Resisting or obstructing territory officials
Penalty: Up to 2 years imprisonment
Court: Magistrates’ Court
This page offers general information only and is not a substitute for legal advice. Criminal laws and penalties vary by state. If you’re charged or under investigation, seek help from a criminal lawyer or legal aid service in your jurisdiction.
While we don’t provide legal advice—as every case is unique and only a qualified lawyer is permitted to do so—we’ll do our best to guide you with relevant general information. If we’re unable to assist, we can refer your query to a licensed criminal lawyer.
