PART 1Police reform
CHAPTER 15Offences
90Assaulting or impeding police
(1)
It is an offence for a person to assault—
(a)
a person (“A”) acting in a capacity mentioned in subsection (3), or
(b)
a person assisting A while A is acting in such capacity.
(2)
It is an offence for a person to resist, obstruct or hinder—
(a)
a person (“A”) acting in a capacity mentioned in subsection (3), or
(b)
a person assisting A while A is acting in such capacity.
(3)
The capacities are—
(a)
that of a constable,
(b)
that of a member of police staff,
(c)
that of a member of a relevant police force when such member is executing a warrant or is otherwise acting in Scotland by virtue of any enactment conferring powers on the member in Scotland,
(d)
that of a person who—
(i)
is a member of an international joint investigation team that is led by a person acting in a capacity mentioned in paragraph (a) or (c), and
(ii)
is carrying out functions as a member of that team.
(4)
A person who is guilty of an offence under subsection (1) or (2) is liable on summary conviction to imprisonment for a period not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both.
(5)
A complaint may include a charge that is framed so as to comprise (in a combined form) the specification of both an offence under subsection (1) and an offence under subsection (2).
(6)
Where a charge in a complaint is so framed the charge is to be regarded as being a single yet cumulative charge.
(7)
In this section and section 91, a reference to a member of a relevant police force is a reference to a member of—
(a)
a police force maintained under section 2 of the Police Act 1996 (c.16),
(b)
the metropolitan police force,
(c)
the City of London police force, or
(d)
the Police Service of Northern Ireland.