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Section 66 Assaults on, and obstruction of, constables, etc.C1C2

Northern Ireland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Any person who assaults, resists, obstructs or impedes 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.

F1(1A)

Any person who assaults, resists, obstructs or impedes a designated person in the execution of his duty, or a person assisting a designated person in the execution of his duty, shall be guilty of an offence.

(2)

A person guilty of an offence under subsection (1)F2or (1A) shall be liable—

(a)

on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum, or to both;

(b)

on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or to both.

F3(3)

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

F4(3A)

In subsection (1A) the references to the execution of the duty of a designated person are to—

(a)

the exercise of a power conferred on him by his designation;

(b)

the performance of a duty imposed on him by his designation.

(3B)

In this section “ designated person ” means a person designated under section 30F5, 30A or 31 of the Police (Northern Ireland) Act 2003.

(4)

This section also applies to a constable who is a member of a police force in Great Britain when he is executing a warrant, or otherwise acting in Northern Ireland, by virtue of any statutory provision conferring powers on him in Northern Ireland.

F6(5)

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—

(a)

is a member of an international joint investigation team that is led by a member of the Police Service of Northern Ireland; and

(b)

is carrying out his functions as a member of that team.

(6)

In this section “ international joint investigation team ” means any investigation team formed in accordance with—

F7(a)

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

(b)

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

(c)

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 F8Department of Justice.

F9(7)

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

Annotations

Textual amendments

F1

S. 66(1A) inserted (8.4.2003) by Police (Northern Ireland) Act 2003 (c. 6), s. 38(2)

F2

Words in s. 66(2) inserted (8.4.2003) by Police (Northern Ireland) Act 2003 (c. 6), s. 38(3)

F3

S. 66(3) repealed (1.3.2007) by The Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288 (N.I. 2)), art. 1(2), Sch. 1 para. 33, Sch. 2

F4

S. 66(3A)(3B) inserted (8.4.2003) by Police (Northern Ireland) Act 2003 (c. 6), s. 38(5)

F5

Word in s. 66(3B) inserted (22.4.2007) by The Policing (Miscellaneous Provisions) (Northern Ireland) Order 2007 (S.I. 2007/912 (N.I. 6)), arts. 1(3), 7(10)

F6

S. 66(5)-(7) inserted (1.10.2002) by 2002 c. 30, s. 104(3); S.I. 2002/2306, art. 2(f)(xiii)

F7

S. 66(6)(a)(b) omitted (31.12.2020) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 68(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)

F8

Words in s. 66(6)(c) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 37(a) (with arts. 28-31)

F9

S. 66(7) omitted (12.4.2010) by virtue of The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 37(b) (with arts. 28-31)

Modifications

C1

S. 66 modified (26.4.2004) by Crime (International Co-operation) Act 2003 (c. 32), ss. 84(3), 94(1); S.I. 2004/786, art. 3(1)(2)

C2

S. 66 modified (31.7.2017) by The Criminal Justice (European Investigation Order) Regulations 2017 (S.I. 2017/730), regs. 1(1), 34(5)(b) (with regs. 3, 34(1))