Understanding the Law on Assaulting Police Officers in Victoria

There has been growing public and media interest in cases involving alleged assaults on police officers in Victoria. These charges often attract serious legal consequences and strong community reactions. From protest-related arrests to spontaneous street encounters, the legal framework governing such incidents is strict, and covers a wide variety of conduct.

This article outlines the key laws that apply when someone is accused of assaulting or obstructing police, the possible offences and penalties they might result and what individuals should consider if they are facing such charges. If you have been charged or think you might be charged with assaulting a police officer, it is critical that you understand both the legal framework and your rights.

Case Spotlight: Melbourne Protest Assaults

In October 2025, violent clashes erupted during protests in Melbourne’s CBD, where some protesters allegedly tried to force their way past police officers on duty. Some police officers reported being attacked with rocks, bottles and other projectiles. Victoria Police described the attacks as premeditated, and noted officers sustained injuries including a broken hand and lacerations. Charges of resisting and assaulting police were laid following the protest.

This incident underscores several important points:

• that assaults on officers often occur in a broader context of public order policing;
• that the “on duty” status of the officer is critical to the offence;
• that the throwing of objects such as rocks and bottles can elevate the seriousness of the offence; and
• that alleged assaults against police officers tend to attract strong prosecutorial and public interest responses.

Legal Framework in Victoria

In Victoria, two pieces of legislation regulate conduct towards police and other emergency workers. The law distinguishes between relatively minor forms of resistance or obstruction, and more serious forms of assault or violence.

The primary sources of law are:

• Summary Offences Act 1966 (Vic), section 51(2): This section makes it an offence to assault, resist, obstruct, hinder or delay emergency workers on duty, including police officers or protective services officers, in the execution of their duty.
• Crimes Act 1958 (Vic), section 31(1)(b): This section makes it an offence to assault, threaten to assault, resist, or intentionally obstruct emergency workers, including police officers, when they are performing their lawful duties.
• Crimes Act 1958 (VIC) Sections 16 (causing serious injury intentionally), Section 17 (causing serious injury recklessly), Section 18 (causing injury intentionally or recklessly): These sections make it an offence to intentionally or recklessly cause any injury to an emergency worker on duty, if the person knew that they were an emergency worker.

Depending on the nature of the incident, a person may be charged under any of these provisions if the prosecution considers they arise from the alleged facts.

What the Prosecution Must Prove

To establish an offence under these sections (depending on the charge they are proceeding with), the prosecution must prove:

1. That the complainant was a police officer;
2. That the officer was on duty at the time of the alleged conduct;
3. That the accused knew or was reckless as to whether the person was a police officer;
4. That the accused caused an injury or serious injury to, assaulted, resisted, obstructed, hindered or delayed the officer;
5. That the conduct was intentional or reckless, and
6. That the conduct was without lawful justification

It is not enough that the officer was present; they must have been acting within the scope of their lawful powers, and the accused’s alleged conduct must go beyond mere disagreement or noncooperation.

Examples of Conduct

Common scenarios that give rise to these charges include:

• Struggling during an arrest and physically resisting being handcuffed;
• Attempting to block police officers from entering a property;
• Verbally abusing or threatening an on-duty officer in a way that constitutes an assault;
• Spitting at or throwing an object towards an officer;
• Pushing, kicking or punching a police officer while they are on duty;
• Scratching and causing a laceration or bleeding;
• Resisting and causing a sprained wrist or ankle to the police officer;
• Resisting and causing a broken finger.

The use of projectiles such as bottles or rocks may result in elevated seriousness of the offence.

Penalties

• The penalty that is ultimately imposed will depend on the seriousness of the offence, the court in which it is heard, and aggravating factors. The Court will consider factors such as whether the police officer was injured, whether a weapon was used, whether the accused was intoxicated and whether they have prior similar offending.
• Offences under the Summary Offences Act s 51 are usually heard in the Magistrates’ Court and carry a maximum penalty of six months’ imprisonment or a fine.
• Offences under the Crimes Act s 31(1)(b) are indictable offences which are triable summarily, and are usually heard in the Magistrates’ Court. These charges carry a maximum penalty of five years’ imprisonment.
• Offences under the Crimes Act sections 16, 17 and 18 are indictable offences, where the penalties become significantly more serious. For these offences, there is a mandatory period of imprisonment that must be served. They include a minimum non-parole period of not less than 3 years for intentionally causing serious injury, not less than 2 years where a serious injury was caused recklessly, and not less than 6 months where an injury results. This term would need to be served, unless the Court found that special reasons exist. Special reasons are very narrow, and are primarily limited to circumstances where the person has impaired mental functioning that is linked to the commission of the offence, where prison would be materially more burdensome than the ordinary burden, or there are substantial and compelling circumstances which are exceptional and rare that justify the Court taking a different course.
• Even a charge that appears moderate can lead to serious consequences depending on the facts.

In less serious matters, a Court may consider imposing:

• A diversion (where firstly recommended by police)
• A fine or community correction order
• An adjourned undertaking with conditions

In the Melbourne protest example cited above, the presence of projectiles, officers being injured and planned public disorder would likely elevate the risk of severe penalties being imposed.

Defences

There are certain defences that can used to contest these charges:

• If the officer was not acting lawfully in the execution of their duty (for example- the arrest was unlawful) then resistance may be justifiable, depending on the circumstances.
• If the accused genuinely believed they or another person were under threat, then a self-defence argument may be available.
• Mistake of identity or lack of knowledge that the person was a police officer may also be used as a defence.
• Where the contact was purely accidental rather than deliberate or reckless, then the intention element of the offence may be called into question.
• You may also be able to argue that the injury does not meet the definition of serious injury.

Each case must be assessed carefully with legal advice to determine whether these defences apply. We explore every opportunity to ensure that the best outcome is achieved.

What to Do if You Are Charged or Contacted by Police

If you have been charged with assaulting or obstructing police, or have been asked to attend a police interview, it is essential to take the matter seriously and respond appropriately.

Key steps:

• Do not attend an interview without seeking legal advice in advance. You are not required to answer police questions, and you should be aware that anything you say may be used in evidence.
• Engage a criminal defence lawyer as early as possible. Early involvement may assist in securing bail, planning your interview strategy, enlivening a defence or the preservation of evidence.
• Do not assume the charge will be withdrawn or downgraded. These offences are frequently prosecuted vigorously.
• Preserve any evidence you have. That might include video footage (CCTV, security cameras, photographs of injuries, statements, and the identities of witnesses).
• Comply with any bail/interim release conditions. Failure to do so may result in remand in custody and/or further charges.
• Avoid discussing the case publicly or via social media. What you post may be used as evidence and could adversely affect your case.