Understanding Your Rights When Facing Criminal Charges
Being charged with an offence against NSW police is a serious and stressful experience.
Penalties range from heavy fines to long prison sentences, and a conviction can affect your employment, travel, and personal relationships. That’s why knowing your rights is the first step to protecting your future.
Key Takeaways
- Police must be lawfully executing their duties for charges to be valid.
- Defences include: self-defence, duress, and necessity.
- Penalties range from 12 months to 14 years imprisonment, depending on the offence.
- Early legal representation is critical, outcomes often depend on immediate expert advice.
- O’Brien Criminal & Civil Solicitors have over 20 years’ proven experience defending clients in police-related matters.
At a Glance: Essential Rights
You have the right to:
- Remain silent except for providing your name and address
- Legal representation before answering questions
- Challenge unlawful police conduct
- Be treated fairly, with police using only reasonable force
Emergency Action Items
- Do not resist if you are being arrested, this protects your safety and legal defence.
- Clearly say: “I wish to remain silent” and “I want a lawyer”.
- Record or photograph any injuries caused by excessive force.
- Contact an experienced criminal lawyer within 24 hours.
When to Seek Legal Help Immediately
- Arrest or charge for any assault police or resist arrest offence
- If police used excessive force during arrest
- Facing aggravated charges (e.g. during public disorder)
- If you already have prior convictions affecting sentencing
The Law in NSW
It is a crime under the Crimes Act 1900 (NSW) to assault, resist, hinder, intimidate, or harass police officers while they are executing lawful duties.
Relevant Legislation
- Section 60: Assault Police
- Section 58: Assault officers generally
- Section 546C: Resist/Hinder police
- Section 60(1AA): Hinder police in execution of duty
Maximum Penalties
Assault Police – Section 60
- Basic assault: 5 years imprisonment
- During public disorder: 7 years
- Cause actual bodily harm: 7 years
- Actual bodily harm during disorder: 9 years
- Wounding/GBH: 12 years
- Wounding/GBH during disorder: 14 years
Resist/Hinder Police – Section 546C
- Up to 12 months imprisonment and/or $1,100 fine
Key Legal Definitions
- Resist: Using force to oppose police actions
- Hinder: Substantially obstructing police duties
- Execution of duty: Police must be acting lawfully and within authority
Historical Context
These offences were enacted to ensure police can perform duties without interference. Penalties are harsher than similar offences against civilians, reflecting the importance of law enforcement authority.
But police powers are not unlimited. You can defend charges if officers acted outside their lawful authority.
Recent Changes
The Law Enforcement (Powers and Responsibilities) and Other Legislation Amendment (Knife Crime) Act 2024 expanded NSW police powers in designated areas. However, your core rights and defences remain unchanged.
Real-World Scenarios
Example 1: Traffic Stop Escalation
- Police can: Stop you for traffic offences, test for alcohol/drugs, check licence/registration.
- Police cannot: Search your car without reasonable suspicion or use excessive force.
- Consequence: Arguing may lead to resist/hinder charges, but excessive force can provide a defence.
Example 2: Domestic Dispute Response
- Police can: Enter to investigate domestic violence if immediate risk exists, separate parties, arrest with cause.
- Police cannot: Enter without lawful reason, arrest without grounds, use excessive force.
- Consequence: Resistance may result in assault police charges. Self-defence may apply if excessive force is used.
Example 3: Public Order Incident
- Police can: Direct people to move on, arrest for breach of peace, use reasonable force.
- Police cannot: Arrest without grounds or abuse force.
- Consequence: Interference during disorder can lead to aggravated charges.
What Authorities Can and Cannot Do
Police Powers
- Arrest with reasonable suspicion
- Search in prescribed circumstances
- Use reasonable force during lawful arrest
- Request identification in specific cases
Police Limitations
- Must identify themselves and explain arrest
- Cannot use excessive or unreasonable force
- Must act within legal authority
- Cannot deny you legal representation
Common Myths
- Myth: You must answer all police questions
Reality: You only need to provide your name and address (and licence in traffic matters).
- Myth: Any argument with police is a crime
Reality: Verbal disputes are not automatically offences, but threats, intimidation, or obstruction can be.
Frequently Asked Questions
What should I do if I’m arrested?
Stay calm, don’t resist, clearly state you wish to remain silent and want a lawyer.
Can I be charged if police acted unlawfully?
Yes, but unlawful conduct provides strong defence grounds, charges may be dropped.
What if police used excessive force?
Document injuries, seek medical advice, report the matter, and get legal representation.
Is swearing at police an offence?
Depends on context. Offensive language in public may lead to a fine, but not all verbal disputes are criminal.
Will I definitely go to prison if convicted?
Not necessarily. Sentences vary with circumstances, prior history, and the quality of legal defence.
Can charges be dropped?
Yes. Skilled lawyers may negotiate withdrawal if evidence is weak or police misconduct is shown.
What evidence do police rely on?
Body-worn camera footage, officer statements, medical reports, witnesses, and anything you’ve said.
Practical Action Guide
During Police Interaction
- Stay calm and avoid confrontation
- Say: “I wish to remain silent” and “I want a lawyer”
- Do not physically resist
- Take note of officers’ names, badge numbers, vehicles, and witnesses
What to Say
- “I do not consent to any search”
- “Am I free to leave?”
- “I am not resisting but I do not consent”
Documentation to Preserve
- Photos of injuries
- Witness details
- Written account immediately after incident
- Body-worn camera footage (via lawyer)
- All police/court paperwork
After Release or Charge
- Contact criminal lawyers quickly
- Do not discuss case publicly or online
- Attend all court dates
- Seek counselling if deeply affected
When to Get Professional Legal Help
You need immediate expert advice if:
- Facing any police-related charges
- Police used excessive force
- Multiple or aggravated charges are involved
- You want to minimise penalties or challenge unlawful conduct
Expert Defence You Can Trust
Our criminal law specialists provide:
- Comprehensive case review and evidence analysis
- Challenges to unlawful police conduct
- Witness preparation and cross-examination
- Negotiation with prosecutors to reduce or drop charges
- Court representation to achieve the best possible outcome
Free Initial Consultation
Police-related charges can devastate lives. Early expert legal intervention makes a major difference.
O’Brien Criminal & Civil Solicitors, accredited specialists with 20+ years protecting clients across NSW and Australia.
Do not face these charges alone. Professional defence is your strongest protection.
