- $2,500 fine or imprisonment for six months.
- there is an honest and reasonable mistake of fact; or
- the arrest was completed.
Section 6 of the South Australian Summary Offences Act 1953 creates specific offences with respect to police operations. It is an offence for a person to:
a Police officer in the execution of their duties.
Resting a police officer is usually charged where a person resists a lawful arrest.
Resisting requires some actual physical resistance; refusing to do what a police officer asks or verbal arguing is not sufficient. For example, pulling away from a police officer’s grasp may be an offence. Further, once an arrest is completed, further resistance by an accused is not resisting arrest.
The maximum penalty for this offence is $2,500 or imprisonment for six months
It is not a defence, however, to say that you were not guilty of the offences which the police were investigating.
The Police Prosecution do not have to prove any intent to resist arrest on your part.
Resting police is a summary offence and will be heard in the Magistrates Court of South Australia.
Come and see the professional team at Caldicott Lawyers for assistance in your resisting police matter.
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