If you have been charged with an offence against an officer, it is important to seek legal advice immediately. At Assurance Legal, we can help you understand your rights and achieve the best possible outcome.

You do not need to answer any questions asked of you by Police, however there are a number of exceptions to this rule. If Police reasonably suspect that you

• are committing, or
• have committed, or
• will commit an offence, or
• could assist the investigation of a suspected offence,

you are required to provide your name, date of birth and address.

If Police require you to provide your personal details, you can also be required to show your face to Police, even when covered in part by a face covering (e.g. sunglasses, helmet, hat, headscarf).

If you fail to provide your details to Police, or give false details, you may be guilty of an offence. This can result in a penalty of up to 12 months’ imprisonment.

You may have a defence to the charge if there is a reasonable excuse for your non-compliance, or the Police cannot satisfy that they had a reasonable suspicion to request your details. It is therefore important to assess your options and obtain legal advice as soon as possible. The team at Assurance Legal can advise and represent you if you have been charged.

If you get in the way of a public officer who is trying to perform their duties or a function of their office, you may be charged with obstructing a public officer. Obstruction is defined by the Criminal Code as preventing, hindering, or resisting the public officer. You may also be charged with Obstructing a Public Officer if you are alleged to have obstructed a person who is lawfully assisting a public officer. Whether you obstructed a public officer will depend on the circumstances of the case.

The penalties for this offence range from fines to imprisonment of up to 3 years. As such, it is of paramount importance to receive fulsome legal advice about your options in this matter. Assurance Legal are experienced in such matters and can help you achieve a positive outcome regardless of the allegations against you.

Assaults on certain victims are classified as particularly serious by the law. Harsher penalties are imposed for assaults on victims such as public officers, police, ambulance officers, fire fighters or emergency services officers, healthcare workers, and bus, train, ferry, or taxi drivers.

Penalties for serious assaults are extremely severe, resulting in sentences up to 10 years’ imprisonment. If the victim suffers bodily harm as a result of the assault, you will face a mandatory period of immediate imprisonment which cannot be reduced.

In certain circumstances, our office may be able to negotiate with prosecuting authorities to downgrade your charge.

If you assault a crew member aboard an aircraft, you can be charged under section 318A. You may also be charged if you threaten to assault a crew member so as to lessen their ability to do their onboard duties. This is an extremely serious charge, and can result in a sentence of up to 14 years’ imprisonment.

If you have been charged with a Serious Assault, contact the team at Assurance Legal as soon as possible. It is vital that you obtain thorough legal advice at an early stage in order to maximise your options and achieve the best outcome possible.