Section 89 Assaults on constables.C1C2
England and Wales
Any person who assaults a constable in the execution of his duty, or a person assisting a constable in the execution of his duty, shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.
Any person who resists or wilfully obstructs a constable in the execution of his duty, or a person assisting a constable in the execution of his duty, shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding one month or to a fine not exceeding level 3 on the standard scale, or to both.
This section also applies to a constable who is a member of F1the Police Service of Scotland or Northern Ireland when he is executing a warrant, or otherwise acting in England or Wales, by virtue of any enactment conferring powers on him in England and Wales.
In this section references to a person assisting a constable in the execution of his duty include references to any person who is neither a constable nor in the company of a constable but who—
is a member of an international joint investigation team that is led by a member of a police force F3...; and
is carrying out his functions as a member of that team.
In this section “international joint investigation team” means any investigation team formed in accordance with—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
any international agreement to which the United Kingdom is a party and which is specified for the purposes of this section in an order made by the Secretary of State.
A statutory instrument containing an order under subsection (5) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Annotations
Textual amendments
- F1
Words in s. 89(3) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 25(3)
- F2
S. 89(4)-(6) inserted (1.10.2002) by Police Reform Act 2002 (c. 30), ss. 104(1), 108(2)-(5); S.I. 2002/2306, art. 2(f)(xiii)
- F3
Words in s. 89(4)(a) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 81, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(y)
- F4
S. 89(5)(a)(b) and word omitted (31.12.2020) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 67(3) (with regs. 2(3), 10, 72) (as amended by S.I. 2020/1408, regs. 1, 8, 19); 2020 c. 1, Sch. 5 para. 1(1)
Modifications
- C1
S. 89 modified (26.4.2004) by Crime (International Co-operation) Act 2003 (c. 32), ss. 84(1), 94(1); S.I. 2004/786, art. 3(1)(2)
- C2
S. 89 modified (31.7.2017) by The Criminal Justice (European Investigation Order) Regulations 2017 (S.I. 2017/730), regs. 1(1), 34(3)(b) (with regs. 3, 34(1))
- C3
S. 89(1)(2) applied (1.7.2004) by Railways and Transport Safety Act 2003 (c. 20), s. 68(1)(3); S.I. 2004/1572, art. 3(yy)
- C4
S. 89(1)(2) modified (1.4.2005) by Energy Act 2004 (c. 20), ss. 68(1), 198(2); S.I. 2005/877, art. 2(1), Sch. 1