Protest Arrest Criminal Defence Lawyers In NSW
Defending Your Right to Protest When the Police Press Charges
Trusted & Recommended by Clients. Let by Accredited Specialists
4.6 – 120 Reviews
The O'Brien Advantage
Proven Track Record
Our criminal defence lawyers have a strong history of successfully representing protesters, activists, and demonstrators charged with offences arising from rallies, marches, blockades, and civil disobedience across Sydney and NSW. We have secured acquittals, withdrawals, dismissals under section 10, and favourable bail outcomes for clients charged under the Summary Offences Act, the Crimes Act, the Roads Act, and NSW anti-protest legislation.
Criminal Defence Expertise
Our Sydney-based team has in-depth knowledge of NSW criminal law and the specific legislation used to charge protesters, including the Law Enforcement (Powers and Responsibilities) Act 2002 (LEPRA), the Summary Offences Act 1988, the Inclosed Lands Protection Act, and the anti-protest provisions targeting demonstrations on roads, rail, ports, and major infrastructure. We understand police powers, bail strategy, and the best approach to running protest matters in the Local and District Courts.
Rights-Focused, Non-Judgmental Approach
We understand that our clients were exercising a fundamental democratic right and that a criminal charge can have serious consequences for your job, visa, professional registration, and future. We take the time to listen to what happened, explain your options clearly, and build a strategy tailored to the outcome you want.
Flexible Payment
We offer flexible payment arrangements and fixed fees for suitable protest matters to ensure cost is not a barrier to accessing expert criminal defence representation. Contact us to discuss your options during your free initial consultation.
Types of Protest Charges We Defend
Resisting, Hindering or Assaulting Police
We defend protesters charged with resisting arrest, hindering police, or assaulting police in the execution of duty. These are the most common charges laid at protests, and they often turn on whether police were acting lawfully at the time, a question our lawyers know how to litigate.
Offensive Conduct, Language and Breach of the Peace
Charges under the Summary Offences Act for offensive conduct, offensive language, or behaving in a manner likely to cause a breach of the peace are frequently used against protesters. We regularly challenge these charges on the facts and on the limits of police powers.
Unauthorised Public Assembly and Disrupting Major Facilities
We represent protesters charged under provisions targeting unauthorised assemblies, disrupting major roads, bridges, tunnels, railways, and ports, and the NSW anti-protest laws enacted in 2022 and expanded since. These matters often raise important issues about the implied freedom of political communication.
Trespass and Inclosed Lands Offences
Protest actions on private property, mining sites, construction sites, embassies, politicians’ offices, and corporate headquarters frequently result in trespass charges under the Inclosed Lands Protection Act and related offences. We build strong defences focused on the circumstances of entry and departure.
Failing to Comply with Police Directions and Move-On Orders
NSW Police routinely issue move-on directions under LEPRA at protests. Where those directions were unlawful, unreasonable, or given without proper grounds, the charge of failing to comply may not stand. We scrutinise bodycam footage and the officer’s grounds for issuing the direction.
Offences Involving Lock-Ons, Blockades and Civil Disobedience
We have deep experience representing climate, environmental, and social justice activists charged after lock-on actions, tripod protests, banner drops, and blockades. These matters often involve multiple charges, complex bail issues, and significant media attention, all of which we are equipped to manage.
Protecting Your Rights: How We Fight for Protesters
At O’Brien Criminal & Civil Solicitors, our criminal defence team is committed to helping protesters in Sydney and across NSW navigate what can be an overwhelming legal process. Here are some of the ways we can help:
We meticulously gather and analyse all available evidence, including police bodycam and dashcam footage, CCTV, live-stream recordings, mobile phone footage, witness accounts, and the police brief of evidence. We identify weaknesses in the prosecution case and build the strongest possible defence on your behalf.
We appear for you at the police station, at first bail mentions, and at all subsequent court dates. Where bail conditions are unreasonable, for example, non-association clauses or exclusion zones that effectively prevent further lawful protest, we apply to vary them.
f your matter proceeds to hearing, our experienced Sydney criminal lawyers will represent you in the Local Court, District Court, or Supreme Court of NSW with conviction and care. We run contested hearings on protest matters regularly and are always prepared to advocate fearlessly for our clients, including running section 10 applications to avoid a conviction being recorded.
Meet Our Criminal Law Team
Our legal team, led by Principal Solicitor Peter O’Brien, brings decades of combined experience defending individuals charged with a wide range of criminal offences, including protest-related matters of every kind. We understand the courage it takes to stand up for what you believe in, and we are committed to standing with protesters every step of the way.
With a history of advocacy in courts across Australia, including the High Court of Australia, our team has the depth of expertise to handle serious, complex, and high-profile protest matters. No matter the scale of your case, we will provide clear advice, a defined strategy, and determined representation.
Our team at O’Brien Criminal & Civil Solicitors are led by Law Society Accredited Specialists in Criminal Law and in Civil Law. To become an Accredited Specialist, a practitioner must undergo a structured assessment process. This process requires the individual to utilise their existing knowledge and skills to demonstrate their competency and expertise in their chosen area of law.
The Protest Charge Defence Process
1. Free Initial Consultation
Contact our Sydney criminal defence lawyers for a free, confidential consultation. We will listen to what happened at the protest, review the charges and the police case against you, outline your legal options, and answer any questions you have about the process ahead.
2. Investigating and Building Your Defence
If you engage us, your lawyer will obtain the police brief of evidence, review all bodycam and CCTV footage, gather witness statements, and identify every available defence, including lawful excuse, self-defence, implied freedom of political communication, and police acting outside their powers.
3. Clear Communication Throughout
We keep you informed and involved at every stage. Your lawyer will explain legal processes in plain language and work collaboratively with you as your matter progresses. You will never be left wondering where things stand.
4. Pursuing a Resolution
Our lawyers work to achieve the best possible result, whether that means negotiating a withdrawal or downgrade of charges with police prosecutors or the DPP, running a successful contested hearing, or obtaining a section 10 non-conviction outcome on sentence.
Remember: Protest charges in NSW can carry serious penalties, including fines of up to $22,000 and imprisonment under the anti-protest laws. Seeking expert advice as soon as possible gives you the best chance of protecting your record, your livelihood, and your right to continue protesting.
What To Do If You've Been Arrested At A Protest In NSW
The period immediately following a protest arrest can be chaotic and distressing. The following steps may help protect your rights and your defence.
Arrested at NSW protest
- Exercise Your Right to Silence
- Know your rights: You are not obliged to answer police questions beyond providing your name and address. Anything you say can be used against you at court.
- Politely but firmly say: "I do not wish to answer any questions. I want to speak to my lawyer." Remember, anything you say can be used against you at court.
- Seek Legal Advice Immediately:
- Request a Lawyer Before Any Interview: Do not participate in a formal police interview until you have spoken with a criminal defence lawyer. Our team is available to provide urgent advice to protesters in custody across NSW.
- Read Bail Documents Carefully: If you are granted bail, read every condition before signing. Conditions such as exclusion zones, non-association clauses, or bans on attending future protests can have major consequences. Our lawyers can apply to vary unreasonable bail conditions.
- Evidence & Social Media
- Social Media: Save any photos, videos, live-streams, or social media posts you or others recorded. Collect contact details of witnesses. Note the names, badge numbers, and descriptions of officers involved while the details are fresh. This evidence is often decisive in protest cases, and may also support a civil claim against the State.
- Be careful on social media: Anything you post publicly can be used in evidence against you and can affect bail. Avoid commenting on the incident, the police, or the charges on social media until you have taken legal advice.
Voices of Justice: Client Reviews
Read what clients of O’Brien Criminal and Civil Lawyers have said in Google Reviews after we’ve helped clients restore their good names.
Peter O'Brien (with his superb team) has been a phenomenal blessing to me. He believed me, supported me, and undertook extensive detective work and archive research in the preparation of my case culminating in a legal precedent that will be referred to by future court decisions. It has been a stressful 9 years from beginning to end and Peter was steadfast the entire time. Thank you Peter
Absolute best in the business, I had the pleasure of Peter running one of my civil cases and to say he and his team went above and beyond is an understatement, Peter and his team are both professional and friendly, can't thank you guys enough, one would say the Lamborghini of defence.
Used O'Brien solicitors for both my criminal law case which they managed to get all charges dismissed when I was looking down the barrel of 18 months jail. Then even more impressively ran my civil claim vs the police and I got a very good outcome and substantial pay out. Easy to talk to and actually listened and took my opinion into consideration which is a first. Highly recommend!
I contacted O’Brien Solicitors after an incident involving NSW Police. The matter was based around Police behaviour in a Domestic Violence situation involving myself and members of my family. After hearing the details, Peter agreed to represent us on a no-win no-fee basis. Although potentially extremely stressful, Peter and his team made the whole process a lot easier than I had anticipated. The whole team at O’Brien's were terrific. The matter was settled and we were very happy with the outcome and, as promised, there were no fees payable by us. I couldn’t recommend this firm highly enough.
I first got in touch with O'Brien's after I posted online about my family member's situation. Peter O'Brien messaged me personally and referred me to two amazing lawyers in his firm; Wilson and Sidnie. Outstanding attention to detail and empathy. Legal Aid was available, and the case was handled with a lot of care which led to a very positive outcome. Additional legal support was offered following the outcome, without having to ask. Highly recommended for both criminal and civil matters. Thank you!
They stick up for the little guy. Keep it up!
O'Brien solicitors represented me in very complicated civil proceedings. From day one, I was greatly impressed by the knowledge and professionalism of the entire team at O'Brien solicitors. After a year of court proceedings, the matter was finalised in my favour and I could not have expected such a great outcome.
O'Brien Solicitors are a highly capable and professional team who are very generous with their time and are willing to pursue justice against those powers that be. Peter and Sidnie agreed to represent the Refugee Action Coalition at short notice in court to defend the right to protest and prepared an excellent defence. They come up with legal avenues and solutions that many others have missed. Highly recommended. After a year of court proceedings, the matter was finalised in my favour and I could not have expected such a great outcome.
Ordinary people standing up against inhumanity, abuses of power and for a better world need to know someone has their back when their own rights are abused. Thank you.
As a victim of police brutality, I was dismayed by the total lack of concern and a refusal to investigate the complaint I made in writing to the NSW Police and NSW Ombudsman. Even before I contacted Peter O'Briens Solicitors, I was encouraged by the information and positive attitude shown on their website. Peter O'Brien and the team at O'Briens Solicitors have been wonderfully helpful and supportive in seeking legal redress through the Courts. I wholeheartedly recommend Peter O'Brien’s Solicitors to anyone who has experienced police misconduct and had their rights trammelled by heavy-handed police officers.
FAQs
Police can only lawfully arrest you if they have reasonable grounds to suspect you of committing an offence. Attending a peaceful protest is not in itself a crime. However, NSW has introduced a series of anti-protest laws that broaden police powers, and arrests at protests, lawful or otherwise, are common. If you have been arrested, our Sydney criminal lawyers can assess whether the arrest was valid and defend you against any charges.
The most common charges include resisting or hindering police, assault police, offensive conduct or language, failing to comply with a move-on direction, trespass on inclosed lands, disrupting a major facility, and unauthorised public assembly. More serious matters can attract charges under the Crimes Act or the Roads Act anti-protest provisions.
Penalties vary widely. Summary offences may carry fines of a few hundred to a few thousand dollars. More serious anti-protest offences, such as disrupting a major road, bridge, tunnel, railway, or port, carry maximum penalties of up to $22,000 and/or 2 years' imprisonment. A criminal defence lawyer can advise on realistic outcomes based on your charges and circumstances.
Potentially, yes. Under section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW), a court can find you guilty but decline to record a conviction. This is a common outcome for protesters with strong character references and no prior record. Our lawyers regularly secure section 10s for protest clients.
No. You have the right to silence. You must provide your name and address when lawfully required, but beyond that you are not required to answer questions or participate in a recorded interview. Ask for a lawyer and remain silent until you have received legal advice.
Police can issue move-on directions under LEPRA in certain circumstances, but the grounds are limited. If the direction was unlawful, your charge for failing to comply should fail. Our lawyers routinely scrutinise move-on directions in protest matters and defend clients on this basis.
It depends on your bail conditions. Some conditions prohibit attending specific locations, associating with named individuals, or attending protests at all. These conditions can often be challenged or varied. Speak to our team before you attend any further demonstrations while on bail.
It can. Certain employers, regulators, and immigration authorities consider criminal records, even minor ones. This is why it is critical to take protest charges seriously and fight for an outcome that protects your record, including running a defended hearing or seeking a section 10.
We offer a free initial consultation and flexible payment options, including fixed fees for many summary protest matters. Fees vary depending on the complexity and court level of your matter. We will always be upfront about costs from the start.
Write down everything you can remember about the protest, the arrest, and the police's conduct while it is fresh. Secure any footage you have. Avoid posting about the incident online. Then contact a Sydney criminal defence lawyer as soon as possible so you are fully prepared for your first court date. If police conduct toward you was unlawful or excessive, you may also have grounds for a civil claim against the State.
Get Expert Legal Advice - Free Initial Consultation
Speak directly with our experienced legal team about your case. We're here to protect your rights and guide you through every step.
Facing a similar legal challenge? Our experienced team has successfully handled cases like this. Contact us today for your free consultation.
100% Confidential
No Obligation
Award Winning Team
