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Criminal Law Information VIC

Assaulting or resisting police

Resisting Police

Assaulting or resisting Police is the sort of charge which is regularly heard in the Magistrates Court. The indictable offence of assault/resist police is found under s. 31 of the Crimes Act 1958.

(1) Any person who assaults resists obstructs hinders or delays or incites or encourages any other person to assault resist obstruct hinder or delay any member of the police force in the execution of his duty under this Act or otherwise, or any person lawfully assisting any such member in the execution of his duty under this Act, or any member of the staff of the local authority in the execution of his duty under this Act shall be guilty of an offence.

Penalty: 25 penalty units or imprisonment for six months.

(1A) Any person who together with others wilfully and without lawful authority besets any premises, whether public or private, for the purpose and with the effect of obstructing, hindering, or impeding by an assemblage of persons the exercise by any person of any lawful right to enter, use, or leave such premises shall be guilty of an offence.

Penalty: 15 penalty units or imprisonment for three months.

(2) In addition to imposing a penalty the court may order and award a sum sufficient to cover any damage which any such member of the police force person or member of staff has sustained by such assault resistance obstruction hindrance or delay, such sum to be recoverable in the same manner as the penalty.

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