Offences Against Police
What are Offences against Police?
There are various different charges in circumstances where it is alleged that a person has committed an offence against a Police Officer.
These include assaulting police, resisting or hindering and perverting the course of justice. The offences can be found in section 60 and 319 of the Crimes Act 1900 (NSW).
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Our criminal defence firm has extensive experience in representing clients charges with Offences against Police.
When to reach out to a criminal defence lawyer
It is important to speak to a skilled criminal defence lawyer before entering Pleas to offences against police officers, as they carry various different maximum penalties.
Our passionate criminal lawyers have experience in these cases and have been successful in securing favourable outcomes for our clients. We are available 24/7 to discuss your case in more detail.
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FAQ
What is considered an ‘Assault against police’?
You have to:
- Have caused the officer to fear immediate and unlawful violence, or made unauthorised contact with the officer;
- The officer did not consent;
- Your act was intentional or reckless.
If it is alleged you caused an injury – this must also be proven.
What are examples of resisting or hindering police?
Examples of this are:
- Struggling with police who are trying to restrain you or place you under arrest;
- Running away from the police who are trying to arrest you;
- Lying to police;
- Blocking access to a doorway to prevent them from searching it;
- Telling someone to run away from police who are trying to arrest them;
- Encouraging another person to assault or avoid police.
What types of conduct give rise to ‘Perverting the course of justice’?
Examples of this offending include:
- Falsely declaring or swearing that another person is responsible for an offence;
- Manufacturing a defence to a crime by using another person’s phone or email;
- Attempting to bribe a police or judicial officer to avoid being charged or punished;
- Bribing or encouraging someone to plead guilty to a crime they didn’t commit;
- Provide a false testimony in court;
- Provide a false alibi.
What are the maximum penalties?
The maximum penalties vary as follows:
- Assault Police: The maximum penalties range between 5 to 14 years imprisonment depending on the seriousness.
- Resist or Hinder Police: The maximum penalty for the offence is 12 months imprisonment and/or $220 fine.
- Perverting the course of justice: The maximum penalty is 14 years imprisonment.
It is important to remember that maximum penalties are a guide, and are reserved for the most serious of offenders.
Is there any benefit to Pleading Guilty?
On a Plea of Guilty at an early stage, you will receive a mandatory 25% discount on sentence, which is designed to reduce the seriousness of the penalty. If a Plea of Guilty is entered at a later stage, you may still receive some form of utilitarian discount.
Does the police officer have to be on duty?
The offence does not have to be against a police officer who is on duty, and it will suffice if the act was carried out:
- Because he or she is a police officer; or
- While the officer was executing his or her duty.
What do the police have to prove with a Resist or Hinder?
For offences relating to resisting or hindering the police, the prosecution are to prove beyond reasonable doubt the following elements:
- You resisted or hindered police (or encouraged someone else to);
- The alleged victim is a police officer in the NSW Police Officer;
- The police were carrying out their duties as a police officer at the time.
How can I be found guilty of Perverting the Course of Justice?
The legislation defines the conduct as ‘obstructing, preventing, perverting or defeating the course of justice or the administration of law.’
The prosecution must prove beyond reasonable doubt the following elements:
- You engaged in conduct;
- And by doing that, you intended to pervert the course of justice.
Can I defend these charges?
Yes, some available defences are:
- You acted in self defence.
- The person is not a police officer.
- Any injury was not caused by you.
- They were not exercising their duties at the time or what they did was outside their duties.
- Police acted illegally.
- The conduct did not amount to a resist or hinder.
- You did not engage in the conduct alleged against you.
- You did not intent to pervert the course of justice.
- Duress or necessity.
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