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Assaulting or resisting Police
Assaulting or resisting Police
What the Law states - Assaulting or resisting Police
Summary Offences Act 1966 - SECT 52
Assaulting or resisting constables etc.52. Assaulting or resisting constables etc.
(1) Any person who assaults resists obstructs hinders or delays or incites or encourages any other person to assault resist obstruct hinder or delay any member of the police force in the execution of his duty under this Act or otherwise, or any person lawfully assisting any such member in the execution of his duty under this Act, or any member of the staff of the local authority in the execution of his duty under this Act shall be guilty of an offence.
Penalty: 25 penalty units or imprisonment for six months.
(1A) Any person who together with others wilfully and without lawful authority besets any premises, whether public or private, for the purpose and with the effect of obstructing, hindering, or impeding by an assemblage of persons the exercise by any person of any lawful right to enter, use, or leave such
premises shall be guilty of an offence.
Penalty: 15 penalty units or imprisonment for three months.
(2) In addition to imposing a penalty the court may order and award a sum sufficient to cover any damage which any such member of the police force person or member of staff has sustained by such assault resistance obstruction hindrance or delay, such sum to be recoverable in the same manner as the penalty.
Maximum Penalty in Victoria
3 - 6 months / 15 - 25 penalty units
What the Prosecution must prove - Assaulting or resisting Police - Vic
(a) The accused assaulted, resisted, obstructed, hindered, or delayed the police or incited or encouraged another person to assault, resist, obstruct, hinder, or delay the police.
(b) The person assaulted etc was a member of the police force in the execution of his or her duty, a person lawfully assisting the police member in the execution of his duty under the Summary Offences Act or any member of staff of the local authority in the execution of his duty under the Summary Offences Act.
Street names for Assaulting or resisting Police
Assault police, resist arrest, resist police
Possible Defences - Assaulting or resisting Police
(a) Duress.
(b) Factual dispute.
(c) Identification dispute.
(d) Lack of intent.
(e) Mental impairment.
(f) Necessity.
(g) Self-defence.
(h) The officer was not acting in the execution of his/her duty.
Which court will hear the charge of Assaulting or resisting Police
Magistrates' Court
