Do I have to comply with everything a police officer tells me to do?

You must comply with lawful directions given by police in the execution of their duty, but the officer must actually be acting lawfully at the time, for example a genuinely unlawful arrest or an order outside the scope of their powers may mean the charge cannot be made out. This is a common and often successful line of defence, but it requires careful analysis of exactly what the officer was doing and why.

Can I be charged with resist police even if I didn't touch an officer?

Yes. "Hindering" doesn't require physical contact: pulling away, going limp, refusing to move your arms so handcuffs can be applied, or physically obstructing an officer's path can all be charged as hindering or resisting, separate from any assault charge that might also apply if actual physical force was used against the officer.

What's the difference between resist police and assault police?

Resist or hinder police under section 546C of the Crimes Act 1900 doesn't require any actual force against the officer: passive non-compliance can be enough. Assault police, under section 60 of the Crimes Act 1900, requires proof of an actual or threatened application of force and carries a significantly higher maximum penalty, particularly where actual bodily harm results.

Is filming or arguing with police enough to be charged with hindering?

Simply filming, questioning, or verbally disagreeing with police is not, on its own, hindering: the offence requires some act that actually obstructs or interferes with an officer carrying out their duty, not just disagreement or lawful observation. Where a charge is based only on verbal pushback, this is often a strong basis to contest it.

Will a resist police charge affect my ability to travel or get certain jobs?

A recorded conviction can appear on a standard criminal history check and may need to be disclosed for some visa applications, security clearances, or roles requiring a Working with Children Check. For a first offence with no aggravating features, our lawyers regularly seek a Section 10 dismissal or Conditional Release Order specifically to avoid a recorded conviction affecting these outcomes.

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Resist or Hinder Police Lawyers Sydney.

Resisting or hindering police under section 546C of the Crimes Act 1900 is charged constantly, often alongside other offences arising from the same arrest.

Our Sydney criminal defence team examines whether the officer was actually acting lawfully at the time, which is frequently the key issue these charges turn on.

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DIRECT ANSWER

What happens if you're charged with resisting or hindering police in NSW?

Resisting or hindering a police officer in the execution of their duty, under section 546C of the Crimes Act 1900 (NSW), carries a maximum penalty of 12 months' imprisonment or a fine of 20 penalty units, dealt with entirely in the Local Court. The charge often arises alongside an arrest for something else, and a genuine defence frequently turns on whether the officer was actually acting lawfully at the time you allegedly resisted.

THE LAW

What counts as resisting or hindering police under NSW law?

Section 546C of the Crimes Act 1900 (NSW) makes it an offence to resist or hinder a police officer while they are executing their duty, or to incite another person to do so. Unlike assault police, this offence doesn't require any actual force to be used against the officer: passive, non-violent non-compliance can still amount to hindering.

The critical, and often decisive, element is that the officer must have actually been acting in the lawful execution of their duty at the time. If the arrest, search, or direction being resisted was itself unlawful, this can defeat the charge entirely, which is why the specific circumstances of the police interaction matter just as much as your own conduct.

Resist: actively opposing or struggling against an officer's lawful attempt to arrest, detain, or restrain you.
Hinder: obstructing or interfering with an officer carrying out their duty, which can include passive non-compliance like going limp or refusing to move.
Lawful execution of duty: the officer must have been genuinely acting within their legal powers, an essential element the prosecution must prove.

This charge is laid constantly during arrests that become physical, at protests and public gatherings, and during roadside interactions that escalate. Because it's so often charged alongside assault police, affray, or a traffic offence arising from the same encounter, it pays to have the whole sequence of events reviewed together rather than treating each charge in isolation. In practice, the moments immediately before the arrest, often barely mentioned in the police facts sheet, are frequently where the strongest arguments about lawfulness are found.

Crimes Act 1900 (NSW)

A person who resists or hinders a police officer in the execution of the officer's duty is liable to imprisonment for 12 months or 20 penalty units, or both.

- Section 546C, Crimes Act 1900 (NSW)

Because officer bodycam footage is now standard, many of these matters can be reviewed in far more detail than in the past, which cuts both ways: it can corroborate an officer's account, but it can equally show an arrest was heavy-handed, poorly explained, or unlawful from the outset.

Also facing an assault police charge, or charged with offensive conduct from the same incident? See our assault lawyers Sydney or offensive conduct lawyers Sydney pages.

OUTCOMES

What are the penalties for resisting or hindering police?

Circumstance	Maximum Penalty	Court	Typical Outcome
Standard offence (s546C(2))	12 months imprisonment or 20 penalty units	Local Court	Fine or bond for a first, non-violent incident
Charged alongside assault police	Higher penalty applies under s60 for the assault charge	Local Court	Sentencing reflects the more serious assault charge; resist/hinder often absorbed into it
Repeat offending	Up to 12 months imprisonment (increased sentencing weight)	Local Court	Prior record for similar offending increases the likelihood of a custodial outcome

Whether any additional charges were laid from the same incident, and whether you have a record for similar offending, are the two biggest drivers of where your matter lands. A standalone, first-offence resist/hinder charge is usually resolved without imprisonment.

Possible Defences

These charges depend heavily on the lawfulness of the officer's conduct, not just yours. Our lawyers scrutinise the full sequence of events to establish valid legal defences, which may include:

Officer Not Acting Lawfully
If the arrest, search or direction being resisted was itself unlawful, for example without proper grounds or outside the officer's powers, the charge cannot be made out.
Self-Defence
Where excessive force was used against you during an arrest, a proportionate response to protect yourself may be legally justified rather than unlawful resistance.
No Actual Resistance or Hindrance
Verbal disagreement, questioning an officer, or simply not moving fast enough is not, on its own, resisting or hindering within the meaning of the offence.
Insufficient Evidence
Bodycam footage, or its absence, can significantly undermine an officer's account of exactly what happened during a fast-moving arrest.

WHAT HAPPENS NEXT

The court process after a resist police charge.

These matters are dealt with entirely in the Local Court, but the presence of other charges from the same arrest can significantly change the strategy.

Arrest and Charge

You are charged at the time of the incident and either bailed by police or issued a Court Attendance Notice, often alongside other charges arising from the same arrest.

First Mention

At your first Local Court appearance, you enter a plea; a not guilty plea leads to a defended hearing, while a guilty plea moves to sentencing submissions.

Obtaining the Evidence

Your lawyer requests the police brief, including bodycam footage, to properly assess whether the officer's conduct was lawful throughout the interaction.

Hearing

If contested, a Magistrate hears evidence from the officer and any witnesses, and determines whether the elements of resisting or hindering are actually made out.

Outcome

Outcomes range from a Section 10 dismissal or Conditional Release Order without conviction, through to a fine or, for repeat or aggravated conduct, a term of imprisonment.

REPRESENTATION

Why choose NS Criminal Lawyers & Associates?

Resist or hinder charges almost always arise from a fast-moving, tense arrest, and understanding exactly what the officer did, and whether they were entitled to do it, is where these cases are won or lost.

Lawfulness of Arrest Review

We scrutinise whether the officer was genuinely acting within their powers at every stage of the arrest or search.

Bodycam & Evidence Review

We obtain and review all available footage and witness accounts to test the officer's version of events.

Fixed Fees

We provide transparent, fixed-fee structures for resist and hinder police matters, so you always know the cost of your defence.

24/7 Availability

Arrested and unsure what to say? We are always available, including police station attendance.

Also charged with assault police or offensive conduct from the same incident? See our assault lawyers Sydney page, or learn more about our firm on our About page.

FREQUENTLY ASKED

Resist or Hinder Police - answered.