Police and Fire Reform (Scotland) Act 2012

90 Assaulting 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.