Accused or charged with hindering or resisting arrest?

Hindering police is an offence under section 6 of the Summary Offences Act 1953 (SA). It occurs when a person interferes, obstructs, disturbs or impedes a police officer in the execution of their lawful duties. This includes actions like standing in the officer’s way, distracting them during an arrest, or intervening in a police operation.

The maximum penalty is a $2,500 fine or 6 months’ imprisonment, or both. In some cases, a conviction may also result in an order for compensation to the police officer for property damage or injury.

“Hinder” includes any disturbance, obstruction, or interference that makes it more difficult for a police officer to carry out their duties. It doesn’t need to be physical—verbal interference can also count, depending on the context.

No. Hindering may involve interference without physical resistance (e.g., distracting or obstructing an officer), whereas resisting arrest usually involves physical resistance (e.g., pulling away or struggling with police). Both are offences under section 6.

Yes. Physical contact is not necessary. For example, arguing with police or standing in their way while they try to arrest someone else can constitute hindering if it obstructs their duty.

Defences may include:

• Honest and reasonable mistake of fact (e.g., you didn’t know they were police)
• The officer was not acting lawfully or was outside the scope of their duty
• Duress or necessity
• Mental impairment

No. The prosecution does not have to prove that you knew the person was a police officer or that they were actively on duty. It is enough that your conduct hindered someone who was acting as a police officer within their lawful authority.

The prosecution must show:

• You performed an act that hindered, disturbed, or obstructed a police officer;
• You intended or were aware that your actions would make it more difficult for the police to perform their duties.

Not usually. Filming police from a safe distance in public is generally lawful. However, if filming obstructs the arrest or provokes confrontation, you may be charged. It depends on how your actions affect the police’s duties.

Hindering involves obstruction or disturbance without necessarily using force. Assaulting police involves actual or threatened violence against an officer and is a more serious offence, often carrying harsher penalties.

Yes. While first-time offenders may receive fines or good behaviour bonds, courts can impose imprisonment up to 6 months depending on the seriousness and circumstances.

Yes, if convicted, it may appear on your criminal history and affect employment, travel, and future court matters. Your lawyer can seek to have no conviction recorded in appropriate circumstances.

Yes. Police may issue a court summons or arrest depending on the severity and risk of further disruption. They do not need to arrest you to charge you.

If the police officer was not acting within their lawful duty, a hindering charge cannot be sustained. For instance, if they used excessive force or lacked legal authority, the defence may challenge the legitimacy of the charge.

Hindering police is a summary offence and is dealt with in the Magistrates Court of South Australia.