89 Assaults on constables.E+W
(1)Any person who assaults a constable in the execution of his duty, or a person assisting a constable in the execution of his duty, shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.
(2)Any person who resists or wilfully obstructs a constable in the execution of his duty, or a person assisting a constable in the execution of his duty, shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding one month or to a fine not exceeding level 3 on the standard scale, or to both.
(3)This section also applies to a constable who is a member of [F1the Police Service of Scotland] or Northern Ireland when he is executing a warrant, or otherwise acting in England or Wales, by virtue of any enactment conferring powers on him in England and Wales.
[F2(4)In this section references to a person assisting a constable in the execution of his duty include references to any person who is neither a constable nor in the company of a constable but who—
(a)is a member of an international joint investigation team that is led by a member of a police force F3...; and
(b)is carrying out his functions as a member of that team.
(5)In this section “international joint investigation team” means any investigation team formed in accordance with—
F4(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)any international agreement to which the United Kingdom is a party and which is specified for the purposes of this section in an order made by the Secretary of State.
(6)A statutory instrument containing an order under subsection (5) shall be subject to annulment in pursuance of a resolution of either House of Parliament.]
Textual Amendments
F1Words in s. 89(3) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 25(3)
F2S. 89(4)-(6) inserted (1.10.2002) by Police Reform Act 2002 (c. 30), ss. 104(1), 108(2)-(5); S.I. 2002/2306, art. 2(f)(xiii)
F3Words in s. 89(4)(a) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 81, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(y)
F4S. 89(5)(a)(b) and word omitted (31.12.2020) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 67(3) (with regs. 2(3), 10, 72) (as amended by S.I. 2020/1408, regs. 1, 8, 19); 2020 c. 1, Sch. 5 para. 1(1)
Modifications etc. (not altering text)
C1S. 89 modified (26.4.2004) by Crime (International Co-operation) Act 2003 (c. 32), ss. 84(1), 94(1); S.I. 2004/786, art. 3(1)(2)
C2S. 89 modified (31.7.2017) by The Criminal Justice (European Investigation Order) Regulations 2017 (S.I. 2017/730), regs. 1(1), 34(3)(b) (with regs. 3, 34(1))
C3S. 89(1)(2) applied (1.7.2004) by Railways and Transport Safety Act 2003 (c. 20), s. 68(1)(3); S.I. 2004/1572, art. 3(yy)
C4S. 89(1)(2) modified (1.4.2005) by Energy Act 2004 (c. 20), ss. 68(1), 198(2); S.I. 2005/877, art. 2(1), Sch. 1