OF07 Resisting or Obstructing Police

Question 1

What are the elements of resisting Police (Section 23(a), Summary Offences Act 1981)?

Answer 1

1: Resists OR incites or encourages any other person to resist
2: Any constable or authorised officer or prison officer or traffic officer acting in the execution of their duty

Question 2

What are the elements of Obstruction (Section 23(a), Summary Offences Act 1981)?

Answer 2

1: Intentionally obstructs OR incites or encourages any other person to obstruct
2: Any constable or authorised officer or prison officer or traffic officer acting in the execution of their duty

Question 3

How is the element of “resists OR incites or encourages any other person to resist” proven?

Answer 3

1: Requires some degree of force by the offender
OR
2: Urge or persuade any other person to use some degree of force

Question 4

How is the element of “any constable etc acting in the execution of their duty” proven?

Answer 4

The person must have been lawfully exercising their powers