It is an offence to assault, resist or hinder a police officer while causing harm to, or assault, certain emergency workings whilst they are carrying out their lawful duties, under Section 20AA of the Criminal Law Consolidation Act 1935 (SA). In South Australia, assaulting a police officer is an indictable offence.
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Minor indictable offence
Magistrates Court of South Australia
Maximum penalty of 5 years imprisonment
Assaulting Police Key Facts
| Offence | An assault is committed against a police officer if you: - Apply force to them without their consent; - Make physical contact with them knowing they might not want you to; - Threaten (with words or conduct) to apply force to them; - Do something with the intention that force will be applied to them; or - Accost or impede them in a threatening way. Police have a choice whether to charge a person who assaults a police officer with this offence or for the offence of an aggravated assault under section 20 of the Criminal Law Consolidation Act 1935. |
| Maximum Penalty | In South Australia, assaulting a police officer carries a maximum penalty ranging from 5 years to 15 years imprisonment, depending on the seriousness of the offence. |
| Typical Sentence | Sentences are often serious; common outcomes include imprisonment, suspended sentences, or community service, depending on the harm and intent. |
| Which Court? | Usually heard in the Magistrates Court; more serious matters can be escalated to the District Court. |
| Process Timeline | Arrest → Police Interview → Bail Consideration → Hearing in Magistrates Court → Possible committal to District Court → Sentencing if found guilty. (Average: 6-12 months) |
| Possible Defences |
- The police officer consenting to the assault; - You were acting in self-defence; or - You were defending another person. - Honest and reasonable mistake of fact (Proudman vs Dayman Defence) - Duress - Necessity/emergency - Mental impairment |
| Causing harm or serious harm | Major indictable. Seen in district court and max penalty of 15 years. |
Assaulting Police Case Scenarios
Below are examples of how assaulting a police officer may be charged and sentenced in South Australia. These examples are not indicative of a specific outcome and are for informational purposes only.
Low-Level Offence
Mid-Level Offence
High-Level Offence
Low-Level Offence
Scenario:
A man pushed a police officer in the chest and swore during a street arrest after a night out. No injuries were sustained, and he quickly complied once restrained.
What to expect:
The court accepted the behaviour was impulsive and influenced by alcohol. He pleaded guilty and showed remorse. He received a $900 fine and was placed on a 6-month good behaviour bond.
Mid-Level Offence
Scenario:
A woman being arrested for shop theft spat at a police officer and scratched their arm while resisting handcuffs. The officer required medical checks but sustained minor injuries.
What to expect:
Pleading guilty, the woman cited mental health issues. The court acknowledged these but noted the seriousness of the offence. She was convicted and sentenced to 4 months’ imprisonment, suspended on a 2-year good behaviour bond.
High-Level Offence
Scenario:
While on bail, a man attacked a police officer during an attempted arrest. He struck the officer multiple times with a baseball bat, causing a fractured skull and lasting brain injury that left the officer unable to return to regular duties.
What to expect:
The court treated this offence as an extremely serious and deliberate assault on an emergency worker. The individual was convicted and sentenced to 4.5 years imprisonment with a non parole period of 2.5 years. The sentence was served.
Disclaimer: The examples above are provided for informational purposes only and do not guarantee a specific result in your matter. Sentencing decisions can vary significantly depending on individual circumstances, including the severity of the offence, intent, prior criminal history and other legal factors. For case-specific advice, get in touch with one of our expert criminal lawyers.
Our Results For Similar Offences
To view our past case results, please click the links below:
Aggravated Assault, Application for Intervention Order
Aggravated Assault, Application for Intervention Order
Aggravated Possession of a Class A Firearm
Aggravated Possession of a Class A Firearm
Withdrawing a Charge of Causing Serious Harm
Withdrawing a Charge of Causing Serious Harm
Withdrawing a Charge of Aggravated Assault
Withdrawing a Charge of Aggravated Assault
Persistent Exploitation of a Child
Persistent Exploitation of a Child
Assaulting Police FAQ’s
If you need more information about assaulting police or other assault and violence offences in South Australia, these FAQs answer the most common questions.
What does "harm" mean in the context of this offence?
Harm includes both physical and mental harm, whether temporary or permanent, under South Australia law. This could range from bruises or cuts to psychological trauma inflicted on the officer.
Can you be charged for spitting on a police officer in South Australia?
Yes. Spitting or any act that causes human biological material (blood, saliva, urine, etc.) to contact an officer is treated as assault and can lead to a charge under section 20AA(6), with penalties up to 15 years imprisonment.
What is the difference between ‘assaulting a police officer’ and ‘aggravated assault’?
Aggravated assault under section 20 may apply when the offence involves specific aggravating factors, such as the victim’s age or status. Section 20AA specifically covers assaults on prescribed emergency workers, including police, and carries higher maximum penalties for assaults causing harm.
Is it a defence if I didn’t know the victim was a police officer?
Yes. If you can prove that you did not know and could not reasonably have known that the victim was a police officer acting in their official capacity, it may serve as a legal defence under section 20AA(5).
What occupations are considered 'prescribed emergency workers'?
These include police officers, ambulance officers, hospital workers, pharmacists, and others performing frontline or emergency duties. Assaulting any of them can result in similar charges and penalties.
Can I be charged even if I didn’t physically hurt the officer?
Yes. Physical harm is not required. Threats, attempts to apply force, or obstructing an officer in a threatening manner can all qualify as assault.
Can compensation be ordered to a police officer after an assault?
Yes. Courts can order financial compensation to cover injuries or property damage suffered by the police officer.
How is assaulting a police officer treated differently in other Australian states?
In states like New South Wales or Victoria, similar offences exist but the terminology, penalties, and court procedures vary. Some states also have mandatory sentencing for assaults on emergency workers.
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