OF07 Resisting/Obstructing Police Flashcards
1
Q
What are the elements for Resisting Police? S23(a) SOA1981
A
- Resists
OR
Incites or encourages any other person to resist - Any constable or authorised officer or prison officer or traffic officer acting in the execution of their duty.
2
Q
What is the penalty for Resisting Police?
A
3 months and/or $2000
3
Q
What does ‘resists’ mean?
A
Requires some degree of force by the offender.
4
Q
What does ‘incite or encourage’ mean?
A
Urge or persuade any other person to use force.
5
Q
What does ‘execution of their duty’ mean?
A
Must have been lawfully exercising their powers.
6
Q
What are the elements for Obstructing (Resisting Police)? S23(a) SOA1981
A
- Intentionally obstructs
OR
Incites or encourages any other person to obstruct - Any constable or authorised officer or prison officer or traffic officer acting in the execution of their duty.
7
Q
What are examples of Obstructing Police?
A
- Physical obstruction - Using their body
- Delaying the Police - Delaying entry so they can escape
- Warning of Police approaching - Warning persons actually offending
- Refusing to obey lawful instructions - Such as, moving a car for emergency services
- Telling untruths - So that the offender may evade
8
Q
What is the penalty for Obstructing (Resisting Police)?
A
3 months and/or $2000
