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Police (Scotland) Act 1967

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This is the original version (as it was originally enacted).

41Assaults on constables, etc.

(1)Any person who—

(a)assaults, resists, obstructs, molests or hinders a constable in the execution of his duty or a person assisting a constable in the execution of his duty, or

(b)rescues or attempts to rescue, or assists or attempts to assist the escape of, any person in custody,

shall be guilty of an offence and on summary conviction shall be liable—

(i)where he has not, within the period of two years immediately preceding the commission of the said offence, been convicted of an offence against this section, to a fine not exceeding fifty pounds or to imprisonment for a period not exceeding three months or to both such fine and such imprisonment;

(ii)where he has, within the first-mentioned period, been convicted of an offence against this section, to imprisonment for a period not exceeding nine months.

(2)The reference in subsection (1) of this section to a person in custody shall be construed as a reference to a person—

(a)who is in the lawful custody of a constable or any person assisting a constable in the execution of his duty, or

(b)who is in the act of eluding or escaping from such custody, whether or not he has actually been arrested.

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