(1)Any person who—
(a)assaults, resists, obstructs, molests or hinders a constable [F1or police custody and security officer] in the execution of his duty or a person assisting a constable [F2or any such officer] in the execution of his duty, or
(b)rescues or attempts to rescue, or assists or attempts to assist the escape of, any person in custody,
shall be guilty of an offence and on summary conviction shall be liable—
(i)where he has not, within the period of two years immediately preceding the commission of the said offence, been convicted of an offence against this section, to a fine not exceeding [F3level 4 on the standard scale] or to imprisonment for a period not exceeding three months or to both such fine and such imprisonment;
(ii)where he has, within the first-mentioned period, been convicted of an offence against this section, to imprisonment for a period not exceeding nine months [F4or to a fine not exceeding the prescribed sum within the meaning of [F5section 225(8) of the Criminal Procedure (Scotland) Act 1995], or to both.]
(2)The reference in subsection (1) of this section to a person in custody shall be construed as a reference to a person—
(a)who is in the lawful custody of a constable [F6or police custody and security officer] or any person assisting a constable [F7or any such officer] in the execution of his duty, or
(b)who is in the act of eluding or escaping from such custody, whether or not he has actually been arrested.
F8 [( 3 )This section also applies to a constable who is a member of a police force maintained in England and Wales or in Northern Ireland when he is executing a warrant or otherwise acting in Scotland by virtue of any enactment conferring powers on him in Scotland.]
[F9(4)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 constable of a police force or by a member of the National Criminal Intelligence Service or of the National Crime Squad; and
(b)is carrying out his functions as a member of that team.
(5) 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 Secretary of State with the consent of the Scottish Ministers.
(6)A statutory instrument containing an order under subsection (5) shall be subject to annulment in pursuance of a resolution of either House of Parliament.]
Textual Amendments
F1Words in s. 41(1)(a) inserted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 76(5)(a)(i), 89(2); S.S.I. 2003/288, art. 2, Sch.
F2Words in s. 41(1)(a) inserted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 76(5)(a)(ii), 89(2); S.S.I. 2003/288, art. 2, Sch.
F3Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G and by 1995 c. 40, ss. 3, 7(2), Sch. 1 para. 3(1), Sch. 2 Pt. II it is provided (1.4.1996) that s. 41(1) shall have effect as if the maximum fine that may be imposed on summary conviction for the offence mentioned therein were a fine not exceeding level 4 on the standard scale instead of a fine not exceeding £50
F4Words added by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), s. 57
F5Words in s. 41(1)(b)(ii) substituted (1.8.1997) by 1997 c. 48, s. 62(1), Sch. 1 para. 2(5); S.I. 1997/1712, art. 3, Sch.
F6Words in s. 41(2)(a) inserted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 76(5)(b)(i), 89(2); S.S.I. 2003/288, art. 2, Sch.
F7Words in s. 41(2)(a) inserted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 76(5)(b)(ii), 89(2); S.S.I. 2003/288, art. 2, Sch.
F8S. 41(3) inserted (3.2.1995) by 1994 c. 33, s. 168(2), Sch. 10 para. 18; S.I. 1995/127, art. 2(1), Sch. 1 Appendix B
F9S. 41(4)-(6) inserted (1.10.2002) by 2002 c. 30, s. 104(2); S.S.I. 2002/420, art. 2
Modifications etc. (not altering text)
C1S. 41 modified (26.4.2004) by Crime (International Co-operation) Act 2003 (c. 32), ss. 84(2), 94(1); S.I. 2004/786, art. 3(1)(2)
C2S. 41(1)(2) modified (1.4.2005) by Energy Act 2004 (c. 20), ss. 68(1), 198(2); S.I. 2005/877, art. 2(1), Sch. 1