Serious Organised Crime and Police Act 2005

The Act

Commentary on Sections

Chapter 2: SOCA: Special powers of designated staff

Section 51: Assaults, obstruction or deception in connection with designations

146.This section sets out various offences relating to assaulting, obstructing or impersonating designated members of SOCA’s staff. They parallel similar offences in relation to police officers and police staff designated under the provisions of Chapter 1 of Part 4 of the Police Reform Act 2002.

147.Subsection (1) makes it an offence to assault a designated person acting in the exercise of his powers or to assault a person assisting a designated person who is so acting. Subsection (2) makes it an offence to resist or wilfully obstruct a designated person in the exercise of his powers or to resist or wilfully obstruct a person assisting a designated person. Subsection (3) makes it an offence, provided there is intent to deceive, to impersonate or pose as a designated person. It is also an offence for a designated person to make any statement or act in a way that falsely suggests that he has powers above and beyond those he in fact has.

148.Subsections (4) and (5) provides for the penalties for the three offences in England and Wales. In the case of the offences in subsections (1) and (3) the maximum penalty is a term of imprisonment of 51 weeks or a fine at level 5 on the standard scale (currently £5000) or both, while in the case of a subsection (2) offence the maximum penalty is a term of imprisonment of for 51 weeks or a fine at level 3 on the standard scale (currently £1000) or both. Subsections (7) and (8) set out the maximum penalties in Scotland and Northern Ireland respectively.