PART 1

Police reform
CHAPTER 15

Offences

Assaulting or impeding police
90
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.
S. 90 applied (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), arts. 1(2), 10(1)
S. 90 in force at 1.4.2013 by S.S.I. 2013/51, art. 2
S. 90 modified (31.7.2017) by The Criminal Justice (European Investigation Order) Regulations 2017 (S.I. 2017/730), regs. 1(1), 34(7)(b) (with regs. 3, 34(1))