2Assaulting or impeding certain emergency workers responding to emergency circumstances
1
A person who assaults, obstructs or hinders another while that other person is, in a capacity mentioned in subsection (3) below, responding to emergency circumstances, commits an offence.
2
No offence is committed under subsection (1) above unless the person who assaults, obstructs or hinders knows or ought to know that the person being assaulted, obstructed or hindered—
a
is acting in that capacity; and
b
is or might be responding—
i
to emergency circumstances; or
ii
as if there were emergency circumstances.
3
The capacity referred to in subsection (1) above is—
a
that of a prison officer, that is to say—
i
a person who holds a post, otherwise than as a medical officer, to which the person has been appointed for the purposes of section 3(1A) of the Prisons (Scotland) Act 1989 (c. 45); or
ii
a prisoner custody officer within the meaning of Chapter II of Part VIII of the Criminal Justice and Public Order Act 1994 (c. 33);
b
that of a member of Her Majesty’s Coastguard;
c
that of a member of the crew of a vessel operated by—
i
the Royal National Lifeboat Institution; or
ii
any other person or organisation operating a vessel for the purpose of providing a rescue service on a body of water,
or a person who musters the crew of such a vessel or attends to its launch;
d
that of a registered medical practitioner;
e
that of a registered nurse;
f
that of a registered midwife;
g
that of a social worker, within the meaning given by section 77(1) of the Regulation of Care (Scotland) Act 2001 (asp 8), while taking action required or permitted by—
i
a child protection order; or
ii
an authorisation under section 61 of the Children (Scotland) Act 1995 (c. 36) (emergency protection of children where child protection order not available); or
h
that of a mental health officer, that is to say—
i
a mental health officer within the meaning given by section 32(1) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13); or
ii
until section 32(1) of that Act (appointment and deemed appointment of mental health officers) comes into force, a mental health officer within the meaning given by section 125 of the Mental Health (Scotland) Act 1984 (c. 36).
4
For the purposes of this section and section 3 of this Act, a person is responding to emergency circumstances if the person—
a
is going anywhere for the purpose of dealing with emergency circumstances occurring there; or
b
is dealing with emergency circumstances or preparing to do so.
5
For the purposes of this Act, circumstances are “emergency” circumstances if they are present or imminent and—
a
are causing or are likely to cause—
i
serious injury to or the serious illness (including mental illness) of a person;
ii
serious harm to the environment (including the life and health of plants and animals and the fabric of buildings); or
iii
a worsening of any such injury, illness or harm; or
b
are likely to cause the death of a person.