UNDERSTANDING THE OFFENCE OF RESISTING POLICE ARREST IN NSW

on August 5, 2025

Resisting police arrest is a criminal offence in New South Wales (NSW) that can lead to significant legal consequences, including fines, imprisonment, and a criminal record, potentially affecting your personal and professional life. Facing such a charge requires a clear understanding of the legal framework, penalties, and available defences to protect your rights and achieve the best possible outcome. At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, we specialise in criminal law and traffic law, providing expert legal representation to defend clients against resisting arrest and related charges. As leading Sydney criminal lawyers and traffic law specialists, we are committed to safeguarding your future in NSW courts.

In this comprehensive guide, we explore everything you need to know about the offence of resisting police arrest in NSW, including its legal definition, penalties, defences, and how a lawyer can help mitigate or dismiss charges. For legal advice, contact us at info@nslaw.net.au, 0427 101 499, or 02 9793 7016, or visit www.nslaw.net.au.

What Is Resisting Police Arrest in NSW?

Resisting police arrest is an offence under section 546C of the Crimes Act 1900 (NSW), which prohibits any person from resisting or hindering a police officer in the execution of their duty. The offence specifically applies when a person actively obstructs or opposes a police officer attempting to make a lawful arrest. It is often charged alongside other offences, such as assault, public disorder, or traffic violations, and is typically prosecuted as a summary offence in the Local Court (e.g., Parramatta, Liverpool, or Campbelltown).

To secure a conviction for resisting police arrest, the prosecution must prove beyond a reasonable doubt:

  1. Resisting or Hindering: The defendant actively resisted (e.g., physically struggling) or hindered (e.g., obstructing access) a police officer.
  2. Police Officer in Duty: The officer was acting in the lawful execution of their duty, such as making a valid arrest under section 99 of the Law Enforcement (Powers and Responsibilities) Act 2002 (LEPRA).
  3. Intent or Recklessness: The defendant intentionally or recklessly resisted or hindered the officer.
  4. Knowledge or Awareness: The defendant knew or should have known the person was a police officer.

Examples of Resisting Police Arrest

  • Physical Resistance: Struggling, pulling away, or pushing an officer during an arrest attempt.
  • Obstructing Arrest: Standing in the way or preventing police from accessing a suspect.
  • Fleeing from Arrest: Running from police after being informed of an arrest.
  • Verbal Resistance: While verbal abuse alone may not suffice, combining it with physical obstruction can lead to a charge.

Related Offences

Resisting police arrest is often charged alongside or instead of related offences:

  • Assaulting a Police Officer (section 60, Crimes Act 1900): Physically attacking an officer, with up to 5 years imprisonment.
  • Hindering Police (section 546C): Less severe obstruction, such as delaying police investigations.
  • Obstructing Police (section 58, Crimes Act 1900): Broader obstruction of police duties, with up to 2 years imprisonment.

Penalties for Resisting Police Arrest in NSW

The penalties for resisting police arrest depend on the offence’s severity, the defendant’s criminal history, and any aggravating factors. Under section 546C of the Crimes Act 1900, the penalties are:

  • Maximum Penalty:
    • Imprisonment: Up to 12 months.
    • Fine: Up to $1,100 (10 penalty units).
  • Local Court: As a summary offence, the Local Court can impose the full penalty of 12 months imprisonment and/or a $1,100 fine.
  • Non-Conviction Outcomes: For minor cases or first-time offenders, courts may impose a Conditional Release Order (CRO) under the Crimes (Sentencing Procedure) Act 1999, avoiding a conviction.

Additional Consequences

A conviction for resisting police arrest can lead to:

  • Criminal Record: Remains on your National Police Certificate for 10 years (or 3 years for juveniles) unless spent under the Criminal Records Act 1991.
  • Employment: A criminal record can hinder job prospects, especially in roles requiring background checks (e.g., security, education, or government).
  • Travel: Some countries may scrutinise assault-related convictions, though minor convictions are less likely to impact travel.
  • Reputation: A conviction can damage personal and professional relationships, particularly if the incident was public or media-reported.
  • Related Charges: Resisting arrest often accompanies other charges, increasing overall penalties or leading to Apprehended Violence Orders (AVOs) in domestic violence contexts.

Sentencing Considerations

Under section 21A of the Crimes (Sentencing Procedure) Act 1999, courts consider:

  • Aggravating Factors: Violence towards the officer, repeat offending, or resisting during a serious crime investigation.
  • Mitigating Factors: First-time offender, genuine remorse, cooperation with police, or minimal resistance.

How a Sydney Criminal Lawyer Fights a Resisting Police Arrest Charge

A Sydney criminal defence lawyer employs a range of strategies to defend against a resisting police arrest charge, from challenging the prosecution’s evidence to negotiating outcomes. Below are the key approaches used by Nicopoulos Sabbagh Lawyers:

1. Analysing the Prosecution’s Evidence

The prosecution must prove the officer was acting lawfully and the defendant resisted intentionally. A lawyer will scrutinise:

  • Police Conduct: Whether the officer’s actions complied with section 99 of LEPRA (e.g., reasonable suspicion for arrest).
  • Witness Statements: Cross-examine the officer or bystanders to identify inconsistencies or bias.
  • Body-Worn Camera Footage: Review footage to confirm the nature of the resistance or police conduct.
  • Police Reports: Identify procedural errors, such as failure to provide a caution (section 122, LEPRA).

2. Challenging the Lawfulness of the Arrest

A key defence is that the arrest was unlawful, negating the charge. A lawyer can argue:

  • The officer lacked reasonable suspicion or reasonable grounds for the arrest (section 99, LEPRA).
  • The officer failed to follow proper procedure, such as not informing the defendant of the arrest reason (section 201, LEPRA).
  • The officer used excessive force, provoking the defendant’s response.

3. Raising Legal Defences

Several defences can be raised:

  • Self-Defence: You resisted to protect yourself from unlawful or excessive force by the officer (section 418, Crimes Act 1900).
  • Lack of Intent: You did not intentionally resist (e.g., reflexively pulling away due to surprise).
  • Lack of Knowledge: You were unaware the person was a police officer (e.g., plain-clothes officer failing to identify).
  • Duress: You were coerced into resisting under threat of harm.
  • Mental Health or Cognitive Impairment: If a mental health condition contributed, a lawyer may seek a diversion under section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020.
  • Unlawful Police Conduct: Evidence obtained through an illegal arrest or search (section 99 or 21, LEPRA) can be excluded under section 138, Evidence Act 1995.

4. Negotiating Plea Deals

A lawyer can negotiate with NSW Police Prosecutors or the Office of the Director of Public Prosecutions (ODPP) to:

  • Reduce Charges: Downgrade to a lesser offence, such as offensive conduct (section 4, Summary Offences Act 1988).
  • Amend Facts: Modify the police fact sheet to remove aggravating factors, like alleged violence.
  • Dismiss Related Charges: Secure withdrawal of additional charges, such as assaulting police (section 60).
  • Sentence Bargaining: Advocate for a non-conviction outcome or lighter penalty.

A guilty plea negotiated early can secure a sentencing discount of up to 25% under section 22 of the Crimes (Sentencing Procedure) Act 1999.

5. Securing the best possible Sentence Outcomes

A lawyer can advocate for outcomes such as:

  • Section 10(1)(a) Dismissal: No conviction, fine, or penalty.
  • Section 10(1)(b) Conditional Release Order (CRO): No conviction, with conditions like good behaviour for up to 2 years.
  • Community Correction Order (CCO): Community service or supervision instead of imprisonment.
  • Mental Health Diversion: Treatment under section 14 for offenders with mental health issues.

6. Presenting Mitigating Factors

A lawyer can present mitigating factors to reduce penalties:

  • Character References: Letters from employers, family, or community members highlighting your good character.
  • Remorse: Evidence of apologies, cooperation with police, or restitution to the officer.
  • Rehabilitation: Completion of anger management or counselling programs to demonstrate reform.
  • Hardship: Proof that a conviction would impact employment or family responsibilities.

7. Appealing a Conviction

If convicted, a lawyer can appeal to the District Court within 28 days under the Crimes (Appeal and Review) Act 2001 if:

  • The sentence is unduly harsh (e.g., excessive fine or imprisonment).
  • New evidence supports your innocence (e.g., footage showing an unlawful arrest).
  • Procedural errors occurred during the trial.

A lawyer can also apply for a spent conviction under the Criminal Records Act 1991 after a crime-free period (10 years for adults, 3 years for juveniles).

The Court Process for a Resisting Police Arrest Charge

The court process typically involves:

  1. Investigation:
    1. Police collect evidence, such as body-worn camera footage, witness statements, or officer reports.
  2. Arrest or Court Attendance Notice (CAN):
    1. Police may arrest you under section 99 of LEPRA or issue a CAN for a Local Court appearance.
  3. Bail Application:
    1. A lawyer applies for bail under the Bail Act 2013, arguing you pose no risk.
  4. Court Mention:
    1. You enter a plea (guilty or not guilty) in the Local Court. If not guilty, a hearing is scheduled.
  5. Hearing or Sentencing:
    1. If pleading not guilty, a hearing examines evidence to determine guilt.
    1. If pleading guilty or found guilty, a sentencing hearing determines penalties.
  6. Possible Outcomes:
    1. Non-conviction orders (section 10 dismissal or CRO).
    1. Conviction with fines or imprisonment.
    1. Mental health diversion under section 14.
  7. Appeals:
    1. Appeal to the District Court if the outcome is unfair.

Steps to Take When Facing a Resisting Police Arrest Charge

To protect your rights and improve your case outcome, follow these steps:

  1. Engage a Sydney Criminal Defence Lawyer Immediately:
    1. Contact Nicopoulos Sabbagh Lawyers at info@nslaw.net.au or 0427 101 499 for a free consultation to assess your case and develop a defence strategy.
  2. Exercise Your Right to Silence:
    1. Avoid making statements to police without legal advice (section 89, Evidence Act 1995).
  3. Gather Evidence:
    1. Collect witness statements, CCTV footage, or body-worn camera evidence to support your defence.
    1. Provide character references or proof of rehabilitation.
  4. Prepare for Court:
    1. Work with your lawyer to present a robust defence or negotiate a plea deal.
  5. Show Remorse:
    1. Consider apologetic gestures or completing rehabilitation programs to demonstrate reform.
  6. Appeal if Necessary:
    1. If convicted, appeal to the District Court or apply for a spent conviction.

Why Choose Nicopoulos Sabbagh Lawyers?

At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, we are dedicated to delivering exceptional representation for resisting police arrest, criminal, and traffic law matters in Sydney, NSW. Our team offers:

  • Specialised Expertise: In-depth knowledge of the Crimes Act 1900, Law Enforcement (Powers and Responsibilities) Act 2002, and Crimes (Sentencing Procedure) Act 1999.
  • Proven Results: Securing section 10 dismissals, CROs, and charge reductions across Sydney courts, including Parramatta, Liverpool, and Campbelltown.
  • Court Navigation: Expertise in managing cases amidst disruptions, such as the Downing Centre Local Court closure until late 2025.
  • Ethical Representation: Adhering to the Legal Profession Uniform Law (NSW) and Solicitors’ Conduct Rules for transparent, reliable advice.
  • Accessible Support: Contact us at info@nslaw.net.au, 0427 101 499, or 02 9793 7016, or visit www.nslaw.net.au for a free consultation.

Don’t let a resisting police arrest charge derail your future. Our Sydney criminal lawyers and traffic law specialists will fight tirelessly to protect your rights and achieve the best possible outcome.

Conclusion

Resisting police arrest is a serious offence in NSW, carrying penalties of up to 12 months imprisonment and significant life consequences. A Sydney criminal defence lawyer can defend against this charge by challenging the lawfulness of the arrest, raising defences like self-defence or lack of intent, and securing non-conviction outcomes like section 10 dismissals or CROs. At Nicopoulos Sabbagh Lawyers, we leverage our expertise to deliver tailored strategies, ensuring your record, career, and freedom are safeguarded. Whether facing a resisting arrest charge alongside traffic or assault offences, our team is here to guide you through the legal process.

Take control of your case today. Contact Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers at info@nslaw.net.au, 0427 101 499, or 02 9793 7016, or visit www.nslaw.net.au to schedule a free consultation. Let us help you fight your resisting police arrest charge and achieve the best possible result in NSW courts.

Why Choose Nicopoulos Sabbagh Lawyers Criminal Lawyers & Traffic Lawyers YOUR Leading Sydney Criminal Defence & Traffic Lawyers to represent you in your Traffic Law Matter?

Nicopoulos Sabbagh Lawyers are the leading Law firm in Traffic Law matters as our office appears at ALL Courts in NSW on a regular basis in ALL Traffic Law matters.  No matter is too complex for Nicopoulos Sabbagh lawyers, your Traffic Sydney Lawyers, so be sure to book your first Free Consultation today!

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It is very important that you speak with a lawyer so that you can get the appropriate legal advice which you require prior to going to court.

Our team of experienced solicitors are there for you and can help you answer all your questions, so be sure to contact your Sydney Lawyers, Nicopoulos Sabbagh Lawyers.

*This article correctly reflects the Laws of NSW as of 3rd August 2025.

*Please note that this page or any other pages on our website (including any other social media platforms for Nicopoulos Sabbagh Lawyers) are not to be considered as a substitute for legal advice or even other professional advice. It should also be noted that accessing of this information from this website does not create a client-lawyer relationship.

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