Obstructing a police investigation is a serious criminal offence under Section 315 of the Crimes Act 1900 NSW. This law makes it illegal to intentionally interfere with or mislead police officers during an investigation, including actions such as tampering with evidence or preventing the arrest of a suspect.

This offence carries a maximum penalty of seven years imprisonment, reflecting the seriousness with which the justice system treats any attempts to obstruct law enforcement.

What Is Considered Hindering an Investigation?

To be convicted under section 315, the prosecution must prove that the person acted with intent to obstruct or mislead police during an investigation related to a serious indictable offence. A serious indictable offence is generally one that carries a maximum penalty of five years imprisonment or more.

Actions that may amount to hindering an investigation include:

• Providing false information to police
• Tampering with or destroying evidence
• Warning a suspect so they can evade arrest
• Physically blocking police officers from carrying out their duties
• Concealing critical evidence

These acts, when done deliberately, are seen as attempts to compromise the integrity of the justice process.

Key Legal Elements of the Offence

• Intent: There must be evidence that the accused deliberately intended to obstruct the investigation or arrest process.
• Connection to a Serious Offence: The obstruction must relate to a case involving a serious indictable offence, not minor infractions.
• Penalty: The law allows for a maximum sentence of seven years imprisonment, though the actual penalty depends on the severity and specifics of the case.

Possible Legal Defences

Facing charges under section 315 does not automatically lead to conviction. There are several legal defences that may apply, including:

• Lack of intent: The actions were not intended to hinder the investigation.
• Mistaken identity or false accusation: The person was not involved.
• Duress or necessity: The individual was forced or compelled to act in a certain way due to external pressures or emergencies.

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong-Yuan, paralegal.

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