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Resisting Arrest

The offence of resisting arrest is the sort of offence which is heard in the Magistrates Court.

This charge is generally laid in situations where a person assaults, resists, obstructs, hinders, delays, or incites or encourages any other person to assault, resist, obstruct, hinder or delay any member of the police force in execution of his duty.

In essence to prove this charge the Prosecution must show that the accused assaulted, resisted, obstructed, hindered or delayed a defined person or incited or encouraged another person to assault, resist, obstruct, hinder or delay a defined person and that the person obstructed was either a member of the police force in the execution of their duty, a person lawfully assisting the police member in the execution of their duty under the Summary Offences Act or any member of staff of the local authority in the execution of their duty under the Summary Offences Act.

Defences to this could be a factual dispute or lack of intent.

You should ring us and discuss your case if you have been charged.

Deciding on whether to plead guilty or not has important implications for you and should be made after proper discussions with a criminal lawyer.

This is legislation that comes from section 52 of the Summary Offences Act 1966.

 

Further information on Resisting arrest

Possible Defences

In a case of Resisting arrest, the following defences may be applicable to the charge:

  • Self Defence
  • Lack of Intent
  • Factual Dispute and Concept of Beyond Reasonable Doubt
  • Wrongful Arrest

Penalties

What penalties can be imposed for a charge of Resisting arrest?

  • Deferral of Sentencing
  • Diversion
  • Without Conviction Order
  • Adjournment of the Charges on Undertaking (Good Behaviour Bond)
  • Fine
  • Community Corrections Order
  • Suspended Prison Sentence
  • Term of Imprisonment

Legislation

What is the legislation for the charge of Resisting arrest?

The legislation for this offence can be found on section 52 of Summary Offences Act 1966.

Case Studies

Case studies related to the charge of Resisting arrest:

Media Articles

Further Info

Links to further information about the charge of Resisting arrest:

 

Need further legal advice on this charge?
Contact one of our solicitors specialising in cases of Resisting Arrest, Shaun Pascoe.