Part 21

Offences

Obstruction
317
1
A person who—
a
refuses to allow a person authorised by virtue of this Act access to any premises;
b
refuses to allow access to a mentally disordered person by a person authorised by virtue of this Act to have such access;
c
refuses to allow the interview or examination of a mentally disordered person by a person authorised by virtue of this Act to interview or examine such person;
d
persists in being present when requested to withdraw by a person authorised by virtue of this Act to interview or examine, in private, a mentally disordered person;
e
refuses to produce any document or record to a person authorised by virtue of this Act to require the production of such document or record; or
f
otherwise obstructs a person in the exercise of any functions conferred on such person by virtue of this Act,
shall be guilty of an offence.
2
A mentally disordered person shall not be guilty of an offence under subsection (1) above if the person mentioned in that subsection—
a
who is authorised by virtue of this Act, is so authorised; or
b
who is exercising functions conferred on that person by virtue of this Act, is exercising those functions,
in relation to that mentally disordered person.
3
In any proceedings against a person for an offence under subsection (1) above it shall be a defence for the accused to show that the accused had a reasonable excuse for doing that with which the accused is charged.
4
A person guilty of an offence under subsection (1) above shall be liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding level 3 on the standard scale or to both.