Assault Police

In the ACT it is a criminal offence to assault a Police officer (or any frontline community service provider). It carries a maximum penalty of 2 years imprisonment. 

What Is The Offence Of Assault of a Frontline Community Service Provider?

Pursuant to section 26A of the Crimes Act 1900 (ACT) it is a criminal offence to assault a frontline community service provider.  A ‘frontline community service provider’ is defined in section 26A of the Crimes Act and includes a Police officer, protective service officer, corrections worker, or a member of an emergency service. 

The following acts may constitute an offence of Assaulting a Frontline Community Service Provider:

• Kicking, punching, or pushing a Police officer to stop them arresting you or someone you know; or  
• Pushing or spitting on a paramedic who is attempting to provide medical treatment to you or someone else; or
• Threatening a Police officer who is arresting you, or interviewing you, as part of an investigation. 

What Must Be Proven?

For a person to be found guilty of Assaulting a Frontline Community Service Provider the Prosecution must prove each of the following matters beyond reasonable doubt:

1. You assaulted another person; and 
2. The other person was a frontline community service provider; and 
3. You knew, or were reckless about whether, that person was a frontline community service provider; and 
4. When you committed the assault: 
   1. The person was exercising a function given to them as a frontline community service provider; or 
   2. It was as a consequence of, or in retaliation for, action taken by the person in exercising their function as a frontline community service provider; or 
   3. It was because the person was a frontline community service provider. 

If the Prosecution does not prove every single one of the above elements, you will be found not guilty. However, under section 26B of the Crimes Act 1900 (ACT) the Court may find you guilty of an offence of common assault if the Court is not satisfied that the person assaulted was a frontline community service provider, but that you did assault them. 

Which Court Will Hear The Matter?

This offence is a summary only offence, which means that it will be dealt with in the Magistrates Court. 

Possible Defences

The following defences may be available for a charge of Assaulting a Frontline Community Service Provider: 

• You could not reasonably have been expected to believe that the person was a Police officer (or other frontline community service provider); 
• You were engaging in self-defence; 
• The Police officer was not acting in the lawful execution of their duty (i.e. unlawfully arresting you). 

Common Questions

Will I receive a criminal conviction?

A conviction and criminal record for this offence is very likely.

In the ACT, a Court can impose any of the following penalties for a charge of Assaulting a Frontline Community Service Provider:

• Full-time imprisonment;
• Intensive Corrections Order (ICO)
• Suspended Sentence 
• Community Service Order
• Good Behaviour Order
• Fine
• Non-conviction order (with or without conviction) 

The consequences of a conviction can be serious depending upon what you do for a living. Some jobs require you to have no criminal convictions and a conviction for affray might jeopardise your job or make it difficult to obtain visas for overseas travel. Moreover a conviction for an offence of violence can completely rule out certain career paths, such as teaching, and a range of government employment options. Violent offences may also result in sentences that include imprisonment even where an individual has no previous convictions. 

Will I go to Gaol?

If you are found guilty of an offence of Assaulting a Frontline Community Service Provider, you can be sentenced to a term of full-time imprisonment. It depends on a range of facts, including your criminal history, the nature and circumstances of the offence, your subjective circumstances, among other things.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.