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Police and Fire Reform (Scotland) Act 2012

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This is the original version (as it was originally enacted).

90Assaulting or impeding police

This section has no associated Explanatory Notes

(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.

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