Assault Or Obstructing Police

790 Offence to Assault or Obstruct Police Officer (Police Powers and Responsibilities Act Queensland)

(1) A person must not assault or obstruct a police officer in the performance of the officer’s duties.

Penalty: Maximum penalty —

(a) if the assault or obstruction happens within licensed premises, or in the vicinity of licensed premises—60 penalty units or 12 months imprisonment; or

(b) otherwise — 40 penalty units or 6 months imprisonment.

(2) For subsection (1) , a person who obstructs a police dog or police horse under the control of a police officer in the performance of the police officer’s duties is taken to obstruct the police officer.

 

In Queensland it is an offence to Assault a police officer when they are performing their official duties. A person who strikes, touches, moves or applies force to a police officer (either directly or indirectly) can be charged with Assault Police.

It is also an offence in Queensland to Obstruct a police officer when they are performing their official duties. A person obstructs a police officer if they hinder, resist or attempt to obstruct the officer. You may also be charged with obstructing police if you obstruct a police dog or horse under the control of a police officer while they are performing their duties. The definition of an ‘obstruct’ can be as simple as making the officers’ job more difficult than it otherwise would have been.

The maximum penalty for these offences is a $5040.00 fine, 6 months’ imprisonment, or both. This penalty increases to a $7,560.00 fine and 12 months’ imprisonment if the offence is committed within or in the vicinity of licensed premises.

Assault or Obstruct Police offences are usually dealt with in the Magistrates Court. Depending on the seriousness of the circumstances and the existence of additional connected offences, Assault or Obstruct Police charges may also be heard in the District Court.

In Queensland, if a person is convicted of an Assault or Obstruct Police offence, then the court could impose one of the following penalties:

  • Jail (suspended, parole or actual time);
  • Intensive Corrections Order;
  • Probation;
  • Community Service Order;

The actual penalty will depend on the circumstances of the matter including the seriousness of the offence and the individual circumstances and background of the Defendant.

 

Are there any defences available to this charge?

Yes. The following defences may be available to you:

  • Officer was not executing his or her duties at the time of the offence;
  • Duress;
  • Necessity;
  • Self Defence.

 

What should I do if the police want to speak to me about an assault/obstruct police allegation or if I am charged with an assault/obstruct police offence?

You have the right to remain silent. You DO have to provide police with your name, date of birth and contact details. You should NOT answer any questions, make any statement or participate in any interview with the police. You should be polite to the officer but insist that you want to talk to your lawyer. You have the right to telephone a friend, relative or lawyer.

 

Call an Expert

If you are charged with a criminal offence, it is very important that you seek immediate legal advice. Our team at Brooke Winter Solicitors can give you over the phone advice. We have a solid reputation as expert Criminal Lawyers and can represent you in court. Call us on 1300 066 669 if you have any questions. We can assist you no matter where you are located and can appear in every court.