Assaulting a Police Officer Charge – Section 60 Crimes Act 1900

Assaulting a Police Officer

is an offence under Section 60 of the Crimes Act 1900 which carries a maximum penalty of 5 years in prison.

An ‘assault’ is where:

• You caused the officer to fear immediate and unlawful violence, or you made unauthorised physical contact with the officer,
• The officer did not consent, and
• Your actions were intentional or reckless

An act is considered to be against a police officer even though he or she is not on duty, if it is carried out due to:

• Actions by the officer while executing his or her duty, or
• The fact he or she is a police officer

Assaulting a Police Officer carries a maximum penalty of 5 years in prison.

The maximum penalty increases to 7 years in prison where you inflicted ‘actual bodily harm’ on the officer which is harm that is more than ‘transient or trifling’ and includes lasting cuts or bruises.

The maximum increases to 12 years in prison where you inflicted ‘grievous bodily harm’ on the officer which is ‘very serious harm’ that includes, but is not limited to:

• Any permanent or serious disfigurement
• The destruction of a foetus, other than by a medical procedure, and
• Any grievous bodily disease

To establish the offence, the prosecution must prove beyond reasonable doubt that:

You assaulted, threw a missile at, stalked, harassed or intimidated a police officer.

Defences to the charge include self defence, duress and necessity.

If evidence of any of these defences is raised, the prosecution must then prove beyond reasonable doubt that it does not apply.

Pleading Not Guilty:

Before you can be found guilty of ‘assault police,’ the prosecution must prove beyond a reasonable doubt that:

• You acted in a way that caused a police officer to fear immediate and unlawful personal violence OR that you touched a police officer without their consent, and
• The police officer did not consent to your actions
• You acted either intentionally or recklessly

If you believe that the prosecution will be unable to prove each of these factors beyond a reasonable doubt, you may wish to speak to our highly experienced criminal lawyers about pleading ‘not guilty’ and fighting the charges in court. Our Accredited Criminal Law Specialists have considerable experience dealing with ‘assault police’ matters, and can help you present your case persuasively to ensure that you get the best possible outcome. Our dedicated lawyers will carefully examine all evidence to find problems with the prosecution case, which can help you secure a verdict of ‘not guilty.’

We can also advise you of any defences to explain or justify your conduct, for example:

• Where the police officer was acting with excessive force and you acted to defend yourself (self-defence)
• Where you were threatened or coerced into assaulting the police officer (duress)
• Where your actions were necessary to prevent serious injury or danger (necessity)
• Where the touching was purely accidental – for example, where the contact occurred in a large crowd by mistake.

When it comes to fighting the charges, it is important to ensure that you are represented by a reputable criminal lawyer who can give you the best possible defence in your case.

Pleading Guilty:

If you are willing to accept the charges against you, you may wish to plead guilty as soon as possible.

In some cases, this may be beneficial as it will show to the court that you have accepted responsibility for your actions. Accordingly, you may end up with a lesser penalty.

However, before you enter a plea to any offence, it is important to speak to a reputable criminal lawyer, who can advise whether you can defend the charges to avoid a conviction.