Powers of entry, search and seizure

48Offences in relation to enforcement officers

1

A person commits an offence if, without reasonable excuse, the person intentionally obstructs a relevant enforcement officer in the performance of any of the officer’s functions under sections 36 to 45.

2

A person commits an offence if—

a

the person fails without reasonable excuse to comply with a requirement reasonably made, or a direction reasonably given, by a relevant enforcement officer in the exercise of any power conferred by sections 37 to 45, or

b

the person prevents any other person from complying with any such requirement or direction.

3

In this section any reference to a relevant enforcement officer includes a reference to a person authorised under section 40(5) to accompany a relevant enforcement officer.

4

A person who is guilty of an offence under this section is liable—

a

on summary conviction in England and Wales, to either or both of the following—

i

imprisonment for a term not exceeding 51 weeks (or 6 months, if the offence was committed before the commencement of section 281(5) of the Criminal Justice Act 2003);

ii

a fine;

b

on summary conviction in Scotland, to either or both of the following—

i

imprisonment for a term not exceeding 12 months;

ii

a fine not exceeding level 5 on the standard scale;

c

on summary conviction in Northern Ireland, to either or both of the following—

i

imprisonment for a term not exceeding 6 months;

ii

a fine not exceeding level 5 on the standard scale.