What Does It Mean to Resist or Hinder Police in NSW?

Being charged with resisting or hindering police in New South Wales often arises from highly stressful, fast-moving situations. Under Section 546C of the Crimes Act 1900 (NSW), a person commits this offence by resisting, hindering, or inciting resistance against a police officer in the execution of their duty.

This means you can be charged for:

Pulling away or refusing to comply during an arrest

Giving false information to obstruct an investigation

Preventing or delaying officers from carrying out lawful duties

Encouraging someone else to resist arrest

This offence is frequently misunderstood — you don’t have to use force or violence to be charged. Even a verbal objection or physical hesitation can trigger this charge. Learn more at LawAccess NSW.

Examples of Real Cases

We’ve defended clients charged with this offence in various situations, such as:

Arguing during a friend’s arrest at a music festival

Trying to film a police incident and being arrested

Refusing to lie down during a search despite instruction

Many of these cases involve high emotion and low actual risk — yet still lead to serious consequences. A great summary of citizen-police interactions is available in this Police Powers Fact Sheet (PDF) by Redfern Legal Centre.

What the Police Must Prove

To convict you of resisting or hindering police, the prosecution must prove:

The officer was lawfully performing their duty

You resisted or hindered their actions, or encouraged someone else to

Your behaviour was intentional (not accidental or misinterpreted)

This can be hard for police to establish beyond reasonable doubt. Our lawyers challenge assumptions and closely examine the legality of the officer’s actions. We also review NSW Police manuals and use-of-force policies as part of our defence strategy.

What Are the Penalties?

The maximum penalty for resisting or hindering police is 12 months in prison and/or a fine of 20 penalty units (about $2,200). However, this charge is often heard in the Local Court and results in:

Good behaviour bonds

Conditional Release Orders

Fines without conviction

Section 10 dismissals (in suitable cases)

Sentencing depends heavily on whether you have prior offences, your behaviour during the incident, and whether any violence occurred. Refer to the NSW Sentencing Council for general guidance.

Defences We Commonly Use

Our team at Best Sydney Criminal Lawyers may raise defences such as:

The officer acted outside their legal powers

You did not understand you were being arrested

You were using your phone to film, not interfere

You acted under panic, fear, or medical confusion

We also highlight mental health issues, stress responses and lack of intention where appropriate. In some cases, we engage medical professionals from clinics like Black Dog Institute for court reports.

Your Record and the Impact of a Conviction

A conviction for resisting police is a criminal offence and will appear on your record. This can impact:

Employment in security, healthcare, or education

Applications for Australian citizenship or permanent residency

Travel to the US, Canada or the UK

See how convictions affect immigration via the Home Affairs Character Requirements guide.