OpenLegislation

Section 137 Penalty for wilful obstruction.C1

England and Wales

(1)

If a person, without lawful authority or excuse, in any way wilfully obstructs the free passage along a highway he is guilty of an offence and liable to F1imprisonment for a term not exceeding 51 weeks or a fine F2or both.

(1A)

F3In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales), the reference in subsection (1) to 51 weeks is to be read as a reference to 6 months.

(1B)

For the purposes of this section it does not matter whether free passage along the highway in question has already been temporarily restricted or temporarily prohibited (whether by a constable, a traffic authority or otherwise).

(1C)

In subsection (1B), “traffic authority” has the same meaning as in the Road Traffic Regulation Act 1984 (see section 121A of that Act).

(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1

Words in s. 137(1) inserted (12.5.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 80(2)(a), 208(1); S.I. 2022/520, reg. 4(b) (with reg. 8)

F2

Words in s. 137(1) substituted (12.5.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 80(2)(b), 208(1); S.I. 2022/520, reg. 4(b) (with reg. 8)

F3

S. 137(1A)-(1C) inserted (12.5.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 80(3), 208(1); S.I. 2022/520, reg. 4(b) (with reg. 8)

F4

S. 137(2) repealed by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119, Sch. 7 Pt. I

Modifications

C1

S. 137 modified (16.8.2006) by The Dover Harbour Revision Order 2006 (S.I. 2006/2167), art. 27