OF07: Resisting or Obstructing Police

Question 1

What sections of the Summary Offences Act 198 does resisting or obstructing police come under and what section covers the power of arrest?

Answer 1

Section 23(a), (b) and (c) make it an offence for everyone who:

• resists or intentionally obstructs, or incites or encourages any other person to resist or obstruct
• any constable, authorised officer, prison officer or traffic officer acting in the execution of their duty, or
• any person acting in aid of such …..(above), or
• any police dog working under the control of a police dog handler

Power of arrest is found under section 39(1)

Question 2

What are the elements for the offence ‘resists police’ section 23 (a) Summer Offences Acting’s 1981

Answer 2

Resists OR Incites or encourages any other person to resist

Any constable or authorised officer or traffic officer or prison officer in the execution of their duty

Question 3

What does Resist require?

Answer 3

Requires some degree of force by the offender

Question 4

What does ‘incites or encourages’ mean

Answer 4

Urge or encourage any other person to us some degree of force

Question 5

What are the elements of ‘obstruction’ (resisting police)

Answer 5

Intentionally obstructs OR Incites for encourages any other person to obstruct’
Any constable or authorised officer or any traffic officer or any prison officer in the execution of their duty

Question 6

What does intentionally obstructs mean?

Answer 6

Deliberately making it more difficult for a person to carry out their duties

Question 7

What is meant by Incites or encourages any other person to obstruct

Answer 7

Urge or persuades any other person to make it more difficult for the person to carry out their duties

Question 8

The prosecution must proves that:

• The defendant knew the person they were resisting was a _______
• They must also prove that the defendant knew the police officer was ______
• If the defence raises a defence of self defence then it must be disproved beyond reasonable doubt

Answer 8

• Police officer

- acting in the execution of their duties