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Resisting or Hindering Arrest

Resisting or Hindering Arrest is an offence under Section 546C of the Crimes Act 1900 which carries a maximum penalty of 12 months in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

You resisted or hindered an arrest, or you incited another to assault, resist or hinder a police officer  in the execution of his or her duties.

‘Hinder’ means to obstruct or otherwise interfere with.

Defences to the charge include:

  1. Self-defence
  2. Duress, and
  3. Necessity

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