Resist Arrest Key Facts

Maximum Penalty

  • $2,500 fine or imprisonment for six months.

Possible Defences

  • there is an honest and reasonable mistake of fact; or
  • the arrest was completed.

What Is The Charge Of Resist Arrest?

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:

  1. assault;
  2. hinder; or
  3. resist

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.

What Is The Penalty For Resist Arrest?

The maximum penalty for this offence is $2,500 or imprisonment for six months

What Are The Possible Defences For Resist Arrest under SA law?

It may be a defence to the charge if:

  • there is an honest and reasonable mistake of fact; or
  • the arrest was completed.

It is not a defence, however, to say that you were not guilty of the offences which the police were investigating.

What the Police Must Prove

The Police Prosecution must prove:

  1. that you resisted a police officer in their arrest.

The Police Prosecution do not have to prove any intent to resist arrest on your part.

What Court will Hear the Matter

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.

Case Studies For Similar Offences

We have defended thousands of criminal cases over many decades and constantly achieve outstanding results for our clients. Please view our results by clicking the cases below:

Case Study – Rape, Indecent Assault and Assault

Case Study – Rape, Indecent Assault and Assault

Reference: 1700014

Persistent Exploitation of a Child

Persistent Exploitation of a Child

Withdrawing a Charge of Causing Serious Harm

Withdrawing a Charge of Causing Serious Harm

Reference: 1600799

Withdrawing a Charge of Causing Serious Harm

Withdrawing a Charge of Causing Serious Harm

Reference: 1600645

Case Study – Family Violence Withdrawn written by Casey Isaacs

Case Study – Family Violence Withdrawn written by Casey Isaacs

Reference: 1600842

Case Study – Aggravated Assault

Case Study – Aggravated Assault

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