Part VIII Miscellaneous and general

Offences

C166 Assaults on, and obstruction of, constables, etc.

1

Any person who assaults, resists, obstructs or impedes a constable in the execution of his duty, or a person assisting a constable in the execution of his duty, shall be guilty of an offence.

F21A

Any person who assaults, resists, obstructs or impedes a designated person in the execution of his duty, or a person assisting a designated person in the execution of his duty, shall be guilty of an offence.

2

A person guilty of an offence under subsection (1)F4or (1A) shall be liable—

a

on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum, or to both;

b

on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or to both.

F53

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F33A

In subsection (1A) the references to the execution of the duty of a designated person are to—

a

the exercise of a power conferred on him by his designation;

b

the performance of a duty imposed on him by his designation.

3B

In this section “ designated person ” means a person designated under section 30F6, 30A or 31 of the Police (Northern Ireland) Act 2003.

4

This section also applies to a constable who is a member of a police force in Great Britain when he is executing a warrant, or otherwise acting in Northern Ireland, by virtue of any statutory provision conferring powers on him in Northern Ireland.

F15

In this section references to a person assisting a constable in the execution of his duty include references to any person who is neither a constable nor in the company of a constable but who—

a

is a member of an international joint investigation team that is led by a member of the Police Service of Northern Ireland; and

b

is carrying out his functions as a member of that team.

6

In this section “ international joint investigation team ” means any investigation team formed in accordance with—

a

any framework decision on joint investigation teams adopted under Article 34 of the Treaty on European Union;

b

the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union, and the Protocol to that Convention, established in accordance with that Article of that Treaty; or

c

any international agreement to which the United Kingdom is a party and which is specified for the purposes of this section in an order made by the Secretary of State.

7

A statutory instrument containing an order under subsection (6) shall be subject to annulment in pursuance of a resolution of either House of Parliament.