Obstructing or hindering entry, search and seizure in relation to a suspected domestic violence premises is an offence under section 84 of the Law Enforcement (Powers and Responsibilities) Act 2002 which carries a maximum penalty of 2 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
You obstructed or hindered a person who was exercising a search warrant under Part 6 of the Act
Or a police officer who was exercising a power under the same Part of the Act
Such as the power to investigate a domestic violence offence, render aid to a person who appeared to be injured as a result of such an offence and arrest a person reasonably suspected of the offence under section 85 of the Act
Or the power to search for firearms under section 86 of the Act
Or the power to search for a dangerous article or implement under section 87 of the Act, and
Part 6 of the Act relates to premises in which an officer suspects a domestic violence is being or has been committed.
You are not guilty of the offence if you establish, on the balance of probabilities, that you had a reasonable excuse for your conduct.
General legal defences to the offence include duress, necessity and self-defence.
If you are able to raise evidence of a general legal defence, the onus then shifts to the prosecution to prove beyond a reasonable doubt that the defence does not apply to the circumstances of the case.
You are entitled to an acquittal if the prosecution is unable to do this.