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Section 90 Assaulting or impeding policeI1C1C2

Scotland

(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.

Annotations

Modifications

C1

S. 90 applied (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), arts. 1(2), 10(1)

C2

S. 90 modified (31.7.2017) by The Criminal Justice (European Investigation Order) Regulations 2017 (S.I. 2017/730), regs. 1(1), 34(7)(b) (with regs. 3, 34(1))

Commencement

I1

S. 90 in force at 1.4.2013 by S.S.I. 2013/51, art. 2