Obstructing a Police Officer | Legal Defence Solicitors

Sentencing for Obstructing a Police Officer

The offence of obstructing a police officer is typically dealt with in the Magistrates’ Court. The penalties for this offence, as outlined in the Sentencing Guidelines, can include:

• Fines: The most common penalty, particularly for first-time offenders, is a fine, the amount of which depends on the severity of the obstruction and the offender’s financial circumstances.
• Community Orders: In cases where the obstruction caused significant disruption, the court may impose a community order requiring unpaid work or rehabilitation activities.
• Custodial Sentences: Although rare, repeated or severe offences of obstruction can result in imprisonment, typically up to 1 month.

When determining the sentence, the court considers factors such as the intent behind the obstruction, the level of disruption caused, and any aggravating or mitigating circumstances.

Legal Defences for Obstructing a Police Officer

At Kang & Co Solicitors, we take a tailored approach to every case, examining the evidence in detail to identify the strongest defence strategies. Common legal defences for obstructing a police officer include:

Officer Acting Outside Their Duties

If the police officer was not acting within their lawful duties, any actions taken to resist or obstruct may not amount to an offence. For example, if the officer’s behaviour was excessive or unlawful, this could negate the charge.

Lack of Intent

The offence requires proof of wilful obstruction. If the obstruction was accidental or unintentional, this may serve as a defence. For instance, misunderstanding an officer’s instructions or being unaware of their status as a police officer may apply.

Insufficient Evidence

The burden of proof lies with the prosecution to demonstrate that obstruction occurred and was deliberate. Inconsistencies or gaps in the evidence can be challenged to undermine the prosecution’s case.

Self-Defence or Necessity

If the accused acted to protect themselves or others from harm, or in response to an immediate and pressing threat, this could form the basis of a defence.

Procedural Errors

Any errors or breaches of protocol during the investigation or arrest, such as failing to inform the accused of their rights, can be used to challenge the legitimacy of the case.

At Kang & Co Solicitors, we are committed to protecting your rights and ensuring that you receive fair treatment under the law. If you are facing an allegation of obstructing a police officer, contact our experienced criminal defence team today for expert advice and representation.

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Our ever growing law firm is ranked as a leading firm in the field of Criminal Law by the prestigious Chambers UK Law Firm guide and The Legal 500. This reputation has been developed by providing unrivalled expertise, practical advice, communication and court advocacy.

Kang & Co Solicitors are also recognised as a Top Ranked Law Firm for Criminal Law by the prestigious Chambers & Partners legal guide and The Legal 500. This reputation has been developed by providing unrivalled expertise, practical advice, communication, and court advocacy.

If you choose to appoint us to defend your case, we guarantee that you will be provided with the best legal representation available, which in turn will provide you with the best chance of a successful result at Court.

Navigating Obstructing a Police Officer charges requires careful consideration of the circumstances and a thorough understanding of the law. Our specialised criminal defence team can assess your case, explore potential defences, and vigorously advocate for your rights in court. Contact us today for an initial consultation on 0345 222 9955 and discuss how we can help you defend against Obstructing a Police Officer charges.