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Criminal Finances Act 2017

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23Assault and obstruction offence in relation to SFO officersE+W+N.I.
This section has no associated Explanatory Notes

After section 453A of the Proceeds of Crime Act 2002 insert—

453BCertain offences in relation to SFO officers

(1)A person commits an offence if the person assaults an SFO officer who is acting in the exercise of a relevant power.

(2)A person commits an offence if the person resists or wilfully obstructs an SFO officer who is acting in the exercise of a relevant power.

(3)A person guilty of an offence under subsection (1) is liable—

(a)on summary conviction in England and Wales, to imprisonment for a term not exceeding 51 weeks, or to a fine, or to both;

(b)on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months, or to a fine not exceeding level 5 on the standard scale, or to both.

(4)A person guilty of an offence under subsection (2) is liable—

(a)on summary conviction in England and Wales, to imprisonment for a term not exceeding 51 weeks, or to a fine not exceeding level 3 on the standard scale, or to both;

(b)on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 1 month, or to a fine not exceeding level 3 on the standard scale, or to both.

(5)In this section “relevant power” means a power exercisable under any of the following—

(a)sections 47C to 47F or 195C to 195F (powers to seize and search for realisable property);

(b)section 289 (powers to search for cash);

(c)section 294 (power to seize cash);

(d)section 295(1) (power to detain seized cash);

(e)section 303C (powers to search for a listed asset);

(f)section 303J (powers to seize property);

(g)section 303K (powers to detain seized property);

(h)a search and seizure warrant issued under section 352.

(6)In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales)—

(a)the reference in subsection (3)(a) to 51 weeks is to be read as a reference to 6 months;

(b)the reference in subsection (4)(a) to 51 weeks is to be read as a reference to 1 month.

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Commencement Information

I1S. 23 in force at Royal Assent for specified purposes, see s. 58

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