The maximum penalty for these offences is a $5,040.00 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.

Yes. The facts of your case will determine which defences will be available for you. 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.

You have the right to remain silent. You DO have to provide the 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.