Obstructing, resisting, or assaulting a police officer while they are lawfully carrying out their duties is a criminal offence. If you are charged with hindering police, it means law enforcement believes you interfered with an officer’s ability to perform their duties. Understanding your legal obligations and options is crucial to addressing such charges effectively.

Legal Process and Burden of Proof

If charged with hindering police or a related offence, the prosecution must prove beyond a reasonable doubt that:

1. The police officer was acting lawfully.
2. Your actions obstructed, resisted, or assaulted the officer.
3. You were aware that the individual was a police officer performing their lawful duties.

Offences Related to Hindering Police

1. Hindering Police

Hindering police involves any action that prevents or obstructs an officer from carrying out their lawful duties. Examples include:

• Blocking a police officer from arresting someone.
• Preventing an officer from accessing public or private property.
• Alerting someone about the presence or actions of police, such as tipping off drivers about speed cameras.

Whether you are guilty depends on the specific circumstances of the incident.

• Resisting Arrest

Resisting arrest occurs when an individual attempts to evade or struggle against a police officer who has made it clear they are placing them under arrest. This may include:

• Physically resisting handcuffing.
• Attempting to flee.
• Refusing to comply with lawful instructions.

• Assaulting Police

Assaulting a police officer is considered a more serious offence, particularly if it involves physical force. Charges can escalate if:

• The officer sustains injuries.
• The resistance is considered violent or aggressive.

Court Proceedings and Options

If you are facing charges of hindering police, you have several legal options when attending court:

1. Apply for Diversion
2. The diversion program is an alternative to traditional prosecution, usually offered for minor offences. It allows the offender to comply with certain conditions without obtaining a criminal record.

• Plead Guilty
• Admitting guilt may result in a reduced penalty or a more lenient sentence.

• Plead Not Guilty
• Contesting the charges means the case will proceed to trial, where evidence will be examined to determine guilt.

Seeking an Adjournment

You may request an adjournment if you need more time to:

• Apply for a diversion program.
• Seek legal representation.

However, adjournments are not automatically granted and are at the magistrate’s discretion.

Appeals Process

If you disagree with the court’s decision, you have the right to appeal to the County Court within 28 days. It is advisable to seek legal counsel before proceeding, as penalties could be increased upon appeal.

Possible Defences

Defences against hindering police charges may include:

• Lack of Knowledge: You were unaware the person was a police officer.
• Unlawful Actions: The police officer was not acting within their legal authority.
• Misunderstanding: You did not realize you were being lawfully arrested.

Penalties and Consequences

If found guilty of hindering police, resisting arrest, or assaulting a police officer, the penalties include:

1. Fines: Up to 25 penalty units.
2. Imprisonment: Up to six months (usually for repeat offenders or serious cases).
3. Community Corrections Order: Requiring community service work.
4. Undertakings: Commitment to good behaviour for a specified period.

Factors Considered by the Court

The magistrate will consider:

• Previous offences of a similar nature.
• Whether your actions allowed someone else to evade the law.
• If violence was involved.
• The severity of the offence.

Additional Consequences

1. Criminal Record: Convictions can impact employment and travel opportunities.
2. Compensation Orders: You may be required to pay police time and costs.

Payment of Fines

Fines can be paid at any Magistrates’ Court. If you experience financial hardship, you can:

• Request a payment plan.
• Apply to perform community service instead.

Failure to pay may result in a warrant for your arrest.

Key Legislation

The laws governing hindering police are outlined in:

1. Summary Offences Act 1966: Covers minor offences such as public order violations and police obstruction.
2. Crimes Act 1958: Deals with more serious offences, including resisting and assaulting police officers.

Resources and Support

For further assistance, the following resources can provide support and guidance

1. Victoria Legal Aid: Provides free legal advice and assistance, particularly for those facing financial hardship.
2. Magistrates’ Court: Handles cases related to hindering police and provides procedural information.
3. Department of Justice and Community Safety: Offers information on legal rights and obligations related to criminal offences.
4. County Court of Victoria – Provides information on appealing Magistrates’ Court decisions and court procedures for serious offence

Conclusion

Facing charges of hindering police or related offences can be overwhelming and challenging, with potential legal, financial, and personal consequences. Understanding your rights and the legal avenues available to you is crucial to making informed decisions and achieving the best possible outcome in your case. Seeking professional legal assistance can help you navigate the complexities of the legal system and ensure your rights are protected at every stage.

At Pentana Stanton Lawyers, our experienced legal team provides tailored advice and robust representation to support you through this challenging time.

Contact us today to schedule a consultation and take the first step towards resolving your legal matter with confidence.