Police (Northern Ireland) Act 1998

Part VIII N.I. Miscellaneous and general

Offences N.I.

66 Assaults on, and obstruction of, constables, etc. N.I.

(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)[F2 or (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 30[F5 , 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—

(a) any framework decision on joint investigation teams adopted under Article 34 of the Treaty on European Union;

(b) the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union, and the Protocol to that Convention, established in accordance with that Article of that Treaty; or

(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 [F7 Department of Justice].

F8 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

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 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)

F8 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 etc. (not altering text)

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)

67 Impersonation, etc. N.I.

(1) Any person who with intent to deceive impersonates a member of the police force, or makes any statement or does any act calculated falsely to suggest that he is such a member, shall be guilty of an offence.

[F9 (1A) Any person who, with intent to deceive—

(a) impersonates a designated person; or

(b) makes any statement or does any act calculated falsely to suggest that he is a designated person; or

(c) makes any statement or does any act calculated falsely to suggest that he has powers as a designated person that exceed the powers he actually has,

shall be guilty of an offence.]

(2) Any person who, not being a constable, wears any article of police uniform in circumstances where it gives him an appearance so nearly resembling that of a member of the police force as to be calculated to deceive shall be guilty of an offence.

(3) A person guilty of an offence under subsection (1)[F10 , (1A)] or (2) shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding 3 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 12 months or to a fine, or to both.

(4) Any person who, not being a member of the police force, has in his possession any article of police uniform shall, unless he proves that he obtained possession of that article lawfully and has possession of it for a lawful purpose, be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(5) In this section “article of police uniform” means any article of uniform or any distinctive badge or mark or document of identification usually issued to members of the police force or anything having the appearance of such an article, badge, mark or document.

[F11 (6) In this section “ designated person ” means a person designated under section 30[F12 , 30A] or 31 of the Police (Northern Ireland) Act 2003. ]

Textual Amendments

F9 S. 67(1A) inserted (8.4.2003) by Police (Northern Ireland) Act 2003 (c. 6), s. 39(2)

F10 Word in s. 67(3) inserted (8.4.2003) by Police (Northern Ireland) Act 2003 (c. 6), s. 39(3)

F11 S. 67(6) inserted (8.4.2003) by Police (Northern Ireland) Act 2003 (c. 6), s. 39(4)

F12 Word in s. 67(6) inserted (22.4.2007) by The Policing (Miscellaneous Provisions) (Northern Ireland) Order 2007 (S.I. 2007/912), arts. 1(3), 7(10)

Modifications etc. (not altering text)

C2 S. 67 applied (30.3.2001) by 2000 c. 32, s. 41(1)(a)(iv); S.R. 2001/132, art. 2, Sch.

68 Causing disaffection. N.I.

(1) Any person who—

(a) causes, or does any act calculated to cause, disaffection among the members of the police force; or

(b) induces, or does any act calculated to induce, any member of the police force to withhold his services,

shall be guilty of an offence.

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

(a) on summary conviction, to imprisonment for a term not exceeding 3 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.

Modifications etc. (not altering text)

C3 S. 68 applied (30.3.2001) by 2000 c. 32, s. 41(1)(a)(v); S.R. 2001/132, art. 2, Sch.

69 Obtaining pension by self-inflicted injury, etc. N.I.

Any person who obtains for himself or any other person any pension or gratuity under regulations made under section 25 or 26 by maiming or injuring himself, or causing himself to be maimed or injured, or otherwise producing injury or infirmity shall be guilty of an offence and liable—

(a) on summary conviction, to imprisonment for a term not exceeding 3 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.

Traffic wardens N.I.

F13 70 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.I.

Textual Amendments

F13 S. 70 repealed (4.11.2001) by 2000 c. 32, s. 78(4), Sch. 8; S.R. 2001/396, art. 2, Sch.

Supplementary N.I.

71 Expenses of Secretary of State. N.I.

There shall be defrayed out of money provided by Parliament—

(a) any expenses of the Secretary of State under this Act; and

(b) any increase attributable to this Act in the sums so payable under any other statutory provision.

72 Orders and regulations. N.I.

(1) Any power of [F14 the Department of Justice or] the Secretary of State to make orders or regulations under this Act shall be exercisable by statutory rule for the purposes of the M1 Statutory Rules (Northern Ireland) Order 1979.

(2) Orders or regulations under this Act—

(a) may make different provision for different cases and circumstances;

(b) may contain such supplementary and transitional provisions as appear to [F15 the Department of Justice or (as the case may be)] the Secretary of State to be appropriate.

[F16 (2A) Regulations shall not be made under section 25(2)(k) or 26(2)(g) except with the consent of the [F17 Department of Finance and Personnel].]

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) [F18 An order or regulations] made under this Act (other than F19 ... an order under section 75)

[F20 (a) if made by the Department of Justice, shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954);

(b) if made by the Secretary of State, shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 shall apply accordingly.]

Textual Amendments

F14 Words in s. 72(1) inserted (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. 38(2) (with arts. 28-31)

F15 Words in s. 72(2) inserted (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. 38(3) (with arts. 28-31)

F16 S. 72(2A) inserted (22.12.2000) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(6)(a); S.R. 2000/412, art. 2, Sch.

F17 Words in s. 72(2A) 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. 38(4) (with arts. 28-31)

F18 Words in s. 72(4) 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. 38(5)(a) (with arts. 28-31)

F19 Words in s. 72(4) 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. 38(5)(b) (with arts. 28-31)

F20 Words in s. 72(4) 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. 38(5)(c) (with arts. 28-31)

Marginal Citations

M1 1979 NI 12.

[F21 73 Interpretation. N.I.

(1) This Act shall be construed as one with the Police (Northern Ireland) Act 2000; and accordingly any word or expression to which a meaning is given by section 77 of that Act has the same meaning in this Act as in that Act.

(2) References in this Act to a member of the police force are to be construed as references to a police officer.

(3) References in this Act in any other context to the police force are to be construed as references to the police.

(4) In this Act “ a police force in Great Britain ” means a police force within the meaning of the M2 Police Act 1996 or the [F22 Police Service of Scotland (and references to the chief officer of a police force in Great Britain include the chief constable of that Service)] . ]

Textual Amendments

F21 S. 73 substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(6)(b); S.R. 2001/396, art. 2, Sch.

F22 Words in s. 73(4) 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. 29(2)

Marginal Citations

M2 1996 c. 16.

74 Amendments, transitional provisions, repeals, etc. N.I.

(1) The statutory provisions mentioned in Schedule 4 shall be amended as provided in that Schedule.

(2) Schedule 5 (which contains transitional provisions and savings) shall have effect.

(3) The statutory provisions mentioned in Schedule 6 are repealed to the extent specified in the third column of that Schedule.

(4) In the M3 Northern Ireland (Modification of Enactments – No. 1) Order 1973 the following provisions are revoked, namely—

(a) Article 6(5) and (6)(c);

(b) in Schedule 1, the entries relating to—

• the M4 Constabulary (Ireland) Act 1836;

• the M5 Police (Property) Act 1897;

• the M6 Constabulary and Police (Ireland) Act 1919;

• the M7 Police Act 1969;

• the M8 Constabulary Act Northern Ireland) 1922;

• the M9 Police Act Northern Ireland) 1970;

(c) in Schedule 4, the entry relating to the M10 Police Act Northern Ireland) 1970; and

(d) in Schedule 5, paragraphs 11, 21 and 61.

Commencement Information

I1 S. 74 partly in force; s. 74 not in force at Royal Assent see s. 75(1), s. 74(1) in force and 74(3) in force for certain purposes at 8.10.1998 by S.R. 1998/346, art. 3; s. 74(1)(2)(3) in force for certain purposes at 9.2.1999 by S.R. 1999/48, art. 3 (with art. 4); s. 74(4) in force and (1)(2)(3) in force for certain purposes at 1.4.1999 by S.R. 1999/176, art. 3 (with art. 4)

Marginal Citations

M3 S.I. 1973/2163.

M4 1836 c. 13.

M5 1897 c. 30.

M6 1919 c. 68.

M7 1969 c. 63.

M8 1922 c. 8 (N.I.).

M9 1970 c. 9 (N.I.).

M10 1970 c. 9 (N.I.).

75 Commencement. N.I.

(1) This Act shall come into operation on such day as the Secretary of State may by order appoint.

(2) An order under this section may appoint different days for different purposes and for different provisions.

Subordinate Legislation Made

P1 S. 75(1) power partly exercised (5.10.1998): 8.10.1998 appointed for specified provisions by S.R. 1998/346, art. 3 (with art. 4)

S. 75(1) power partly exercised (8.2.1999): 9.2.1999 appointed for specified provisions by S.R. 1999/48, art. 3 (with art. 4)

S. 75(1) power partly exercised (30.3.1999): 1.4.1999 appointed for specified provisions by S.R. 1999/176, art. 3 (with art. 4)

S. 75(1) power partly exercised (2.11.2000): 6.11.2000 appointed for specified provisions by S.R. 2000/399, art. 3 (with transitional provisions in arts. 4, 5)

76 Extent. N.I.

(1) Except as provided by subsections (2) and (3), this Act extends to Northern Ireland only.

(2) Paragraph 8 of Schedule 3 extends throughout the United Kingdom.

(3) The amendment or repeal by this Act of any provision of—

(a) the M11 Police (Overseas Service) Act 1945;

(b) the M12 Police (Scotland) Act 1967;

(c) the M13 House of Commons Disqualification Act 1975;

(d) the M14 Northern Ireland Assembly Disqualification Act 1975;

(e) the M15 Ministry of Defence Police Act 1987;

(f) the M16 Official Secrets Act 1989;

(g) the M17 Police Act 1996;

(h) the M18 Police Act 1997,

has the same extent as that provision.

Commencement Information

I2 S. 76 partly in force; s. 76 not in force at Royal Assent see s. 75(1); s. 76(1) in force at 8.10.1998 by S.R. 1998/346, art. 3; s. 76(3) in force at 1.4.1999 by S.R. 1999/176, art. 3 (with art. 4)

I3 S. 76(2) in force at 21.2.2003 by S.R. 2003/142, art. 3

Marginal Citations

M11 1945 c. 17.

M12 1967 c. 77.

M13 1975 c. 24.

M14 1975 c. 25.

M15 1987 c. 4.

M16 1989 c. 6.

M17 1996 c. 16.

M18 1997 c. 50.

77 Short title. N.I.

This Act may be cited as the Police (Northern Ireland) Act 1998.