Resisting Arrest

It is an offence to resist or hinder the police when they are doing their duty including making a lawful arrest (SOA s 6). Hindering and resisting involves a deliberate choice to act and prevent the police from doing their duty.

Hindering usually includes some level of physical interference, such as physically preventing police from lawfully entering a property to speak to an occupant.

However, not all hindering requires physical interference and can include behaviour such as constant and unwarranted interrupting of police while they are attempting to question another person. Acting as a ‘lookout’ to warn others of a police presence may also be considered hindering police.

Resisting arrest ordinarily requires a positive action or physical force designed to prevent police from performing their duties. However, even passive resistance techniques commonly used in civil protests (eg sitting or lying down, linking arms with others, becoming limp and refusing to cooperate) may be considered resisting arrest.

For further information, see the Law Handbook on Police arrest procedure.

Last revised: September 2021