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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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.
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.
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.
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.
| 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.
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:
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.
Where excessive force was used against you during an arrest, a proportionate response to protect yourself may be legally justified rather than unlawful resistance.
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.
Bodycam footage, or its absence, can significantly undermine an officer's account of exactly what happened during a fast-moving arrest.
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.
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.
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.
Your lawyer requests the police brief, including bodycam footage, to properly assess whether the officer's conduct was lawful throughout the interaction.
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.
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.
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.
We scrutinise whether the officer was genuinely acting within their powers at every stage of the arrest or search.
We obtain and review all available footage and witness accounts to test the officer's version of events.
We provide transparent, fixed-fee structures for resist and hinder police matters, so you always know the cost of your defence.
Arrested and unsure what to say? We are always available for urgent advice, 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.
Author: Muhammad Siddique, Criminal Defence Lawyer | Reviewed by: NS Criminal Lawyers and Associates | Last reviewed: July 2026 | Jurisdiction: New South Wales
The information on this website is general information only and is not legal advice. You should obtain legal advice about your specific circumstances.
