Part 21Offences

I1317Obstruction

1

A person who—

a

refuses to allow a person authorised by virtue of this Act access to any premises;

b

refuses to allow access to a mentally disordered person by a person authorised by virtue of this Act to have such access;

c

refuses to allow the interview or examination of a mentally disordered person by a person authorised by virtue of this Act to interview or examine such person;

d

persists in being present when requested to withdraw by a person authorised by virtue of this Act to interview or examine, in private, a mentally disordered person;

e

refuses to produce any document or record to a person authorised by virtue of this Act to require the production of such document or record; or

f

otherwise obstructs a person in the exercise of any functions conferred on such person by virtue of this Act,

shall be guilty of an offence.

2

A mentally disordered person shall not be guilty of an offence under subsection (1) above if the person mentioned in that subsection—

a

who is authorised by virtue of this Act, is so authorised; or

b

who is exercising functions conferred on that person by virtue of this Act, is exercising those functions,

in relation to that mentally disordered person.

3

In any proceedings against a person for an offence under subsection (1) above it shall be a defence for the accused to show that the accused had a reasonable excuse for doing that with which the accused is charged.

4

A person guilty of an offence under subsection (1) above shall be liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding level 3 on the standard scale or to both.