Section 46 Offences against designated and accredited persons etc.C1

England and Wales

(1)

Any person who assaults—

(a)

a designated person in the execution of his duty,

(b)

an accredited person in the execution of his duty,

F1(ba)

an accredited inspector in the execution of his duty, or

(c)

a person assisting a designated or accredited person F2or an accredited inspector in the execution of his duty,

is guilty of an offence and shall be 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.

(2)

Any person who resists or wilfully obstructs—

(a)

a designated person in the execution of his duty,

(b)

an accredited person in the execution of his duty,

F3(ba)

an accredited inspector in the execution of his duty, or

(c)

a person assisting a designated or accredited person or an accredited inspector in the execution of his duty,

is guilty of an offence and shall be 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.

(3)

Any person who, with intent to deceive—

(a)

impersonates a designated person F4, an accredited person or an accredited inspector ,

(b)

makes any statement or does any act calculated falsely to suggest that he is a designated person F5, that he is an accredited person or that he is an accredited inspector , or

(c)

makes any statement or does any act calculated falsely to suggest that he has powers as a designated or accredited person F6or as an accredited inspector that exceed the powers he actually has,

is guilty of an offence and shall be 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.

(4)

In this section references to the execution by a designated person F7, accredited person or accredited inspector of his duty are references to his exercising any power or performing any duty which is his by virtue of his designation or accreditation.

F8(5)

References in this section to a designated person are to—

(a)

a designated person within the meaning given by section 47(1), and

(b)

a person in relation to whom a designation under section 38B is for the time being in force.

Annotations

Textual amendments

F1: S. 46(1)(ba) inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 44(2)(a); S.I. 2007/709, art. 3(p) (subject to arts. 6, 7)
F2: Words in s. 46(1)(c)(2)(c) inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 44(2)(b); S.I. 2007/709, art. 3(p) (subject to arts. 6, 7)
F3: S. 46(2)(ba) inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 44(2)(a); S.I. 2007/709, art. 3(p) (subject to arts. 6, 7)
F4: Words in s. 46(3)(a) substituted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 44(3)(a); S.I. 2007/709, art. 3(p) (subject to arts. 6, 7)
F5: Words in s. 46(3)(b) substituted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 44(3)(b); S.I. 2007/709, art. 3(p) (subject to arts. 6, 7)
F6: Words in s. 46(3)(c) inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 44(3)(c); S.I. 2007/709, art. 3(p) (subject to arts. 6, 7)
F7: Words in s. 46(4) substituted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 44(4); S.I. 2007/709, art. 3(p) (subject to arts. 6, 7)
F8: S. 46(5) inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 13 para. 5; S.I. 2011/3019, art. 3, Sch. 1

Modifications

C1: S. 46 applied (with modifications) (1.7.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 28(1)(e)(2), 120 (with s. 72); S.I. 2004/1572, art. 3(k)