Section 315 - Hindering an Investigation

Under section 315 of the Crimes Act of 1900, it is illegal to get in the way of an investigation, which can get you up to 7 years in prison.

To prove the crime, the prosecution has to prove a number of facts beyond a reasonable doubt, and if they can't do that, the person is entitled to be set free.

There are also a number of ways to defend yourself in court if you are charged with the crime.

The Law

What does it mean to obstruct a police investigation?

Section 315 of the Crimes Act of 1900 makes it a crime to get in the way of an investigation.

In the section, it says that a person is guilty of the crime if they do anything with the intent to:

• The investigation of a serious crime that another person committed,

• The discovery of evidence that someone else has committed a serious indictable crime, or

• The arrest of someone who has committed a serious crime that can be charged in court.

For the purposes of this section, a person is considered to have committed a serious indictable crime if a "public officer" who is looking for or investigating criminals, like a police officer, has a good reason to think that person has done something wrong.

A "serious indictable offence" is any crime that can get you at least 5 years in prison. This includes most crimes in the Crimes Act, such as assaults that cause actual bodily harm, wounds, or grievous bodily harm, theft, fraud, and property damage.

The section makes it clear that a person can't be found guilty of the crime just by refusing or failing to give information or evidence. Instead, they must do at least one thing that makes it harder for officers to do their jobs.

Some examples the offence may include:

• Taking steps to hide evidence that could help solve a crime

• Lying to police to get them to look in a different direction and keeping false statements to protect someone who has broken the law.

• The courts have decided that a person can be found guilty of obstructing an investigation even if the person reasonably suspected of a serious indictable crime is never convicted.

What is the punishment?

The maximum penalty hindering an investigation is 7 years in prison.

But it's important to remember that this is the maximum sentence that can be given and that the court can choose from any of the following:

• Section 10 Dismissal
• Fine
• Conditional Release Order
• Order for Strict Punishment
• Less time in prison

What Does the Prosecution need to Prove?

For someone to be found guilty of interfering with an investigation, the prosecution must prove beyond a reasonable doubt that each of the following are true:

1. The defendant engaged in an act, and
2. The defendant intended by doing so to hinder the investigation of a serious indictable offence committed by another person, or

• The defendant intended by doing so to hinder the discovery of evidence concerning a serious indictable offence committed by another person, or

• The defendant intended by doing so to hinder the apprehension of another person who committed a serious indictable offence.

If the prosecution can't prove each of these things to the required level, the case will be dropped.

A ‘serious indictable offence’ is one that carries a maximum penalty of at least 5 years in prison.

The section states that a person is considered to have committed a serious indictable offence if a ‘public officer’ engaged in the detection or investigation of offenders suspects on reasonable grounds that a person has committed an offence.

However, it is important to note that a defendant cannot be found guilty for merely refusing or failing to divulge information or produce evidence; he or she must have engaged in conduct with the intention of hindering.

What are the Defences?

In addition to the requirement to prove each element of the offence, the prosecution must also disprove any of the following defences if properly raised:

• Duress, which is where you were threatened or coerced,

• Necessity, where the act was necessary to avert danger

• Self-defence, where you engaged in the act to defend yourself or another

It must disprove any such defences beyond all reasonable doubt.

Your Options in Court Pleading Not Guilty

Before you can be found guilty of hindering an investigation, the prosecution must prove beyond a reasonable doubt that:

1. You engaged in an act, and either
2. You intended by doing so to hinder the investigation of a serious indictable offence committed by another person, or

• You intended by doing so to hinder the discovery of evidence concerning a serious indictable offence committed by another person, or

• You intended by doing so to hinder the apprehension of another person who committed a serious indictable offence.

There are a number of ways to defend the charge, including raising the fact that:

1. The prosecution cannot prove you engaged in a positive act,
2. The prosecution cannot prove you intended by doing so to hinder the investigation of a serious indictable offence committed by another person, to hinder the discovery of evidence concerning a serious indictable offence committed by another person, or to hinder the apprehension of another person who committed a serious indictable offence,
3. You have a valid legal defence which the prosecution is unable to disprove beyond a reasonable doubt.

If any of these matters prevail, you must be found not guilty of the offence.

A good lawyer will be able to make written submissions to the prosecution with a view to having the case against you withdrawn, or fight to have it thrown out of court if it proceeds to a defended hearing or trial.

Pleading Guilty

Where the prosecution evidence is very strong, you may decide to plead guilty to the offence.

In that case, your lawyer may be able to negotiate the police ‘facts’ to reduce the seriousness of the offence.

Your lawyer can also guide you on obtaining materials that can be handed up to the court during your sentencing – including a letter of apology, character references and any documents from counsellors or health care professionals you have consulted.

These materials, together with persuasive verbal submissions by your lawyer in the courtroom, can help to ensure you receive the most lenient penalty that is possible in the circumstances.

By pleading guilty at an early stage, you will also be entitled to a ‘discount’ of up to 25% on your sentence – which can lead to a less serious type of penalty being imposed; for example, a section 10 dismissal or a conditional release order rather than a more serious penalty.

You will also be spared the time, expense and stress of a defended hearing or trial.