Obstructing a Constable

Application

Advice and guidance around when this offence could apply, and when it shouldn't apply.

Applies When

• A person refuses to remove themselves from an area when lawfully ordered to do so by a constable e.g.
  • the area is within a cordon, including mobile cordons.
  • the area is the property of a law enforcement agency.
• A person refuses to provide their details when lawfully required to do so, or provides false information.
• A person resists or impedes a lawful search.

Doesn't Apply when

• A person is ordered to remove themselves from an area by a constable, when the area has no immediate or near-immediate interest to law enforcement organisations.
• A person makes it difficult for a constable to move them in to custody i.e. falls limp.

Sentencing

Suggested sentences for those who have been convicted of this offence, and advice on the applicable conviction processes.

• Sentences: Where there are multiple suggested sentences, select the sentence that is most appropriate given the offences circumstances.
• Process: Where there are multiple options for the due process, consider the process that best matches the circumstances of the offence, i.e. for more serious circumstances, consider the higher option.

Suggested Sentences

• 15 Silver Penalty
• 2 Day Community Restitution Order
• 6 Lashes

Due Process

• Penalty Offence: A fixed penalty notice (FPN) can be issued for this offence without a court hearing or supervisor escalation.

Further Guidance

There is no further guidance for this offence.