Part 12Miscellaneous and general

Miscellaneous

453BF1Certain offences in relation to SFO officers

1

A person commits an offence if the person assaults an SFO officer who is acting in the exercise of a relevant power.

2

A person commits an offence if the person resists or wilfully obstructs an SFO officer who is acting in the exercise of a relevant power.

3

A person guilty of an offence under subsection (1) is liable—

a

on summary conviction in England and Wales, to imprisonment for a term not exceeding 51 weeks, or to a fine, or to both;

b

on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months, or to a fine not exceeding level 5 on the standard scale, or to both.

4

A person guilty of an offence under subsection (2) is liable—

a

on summary conviction in England and Wales, to imprisonment for a term not exceeding 51 weeks, or to a fine not exceeding level 3 on the standard scale, or to both;

b

on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 1 month, or to a fine not exceeding level 3 on the standard scale, or to both.

5

In this section “relevant power” means a power exercisable under any of the following—

a

sections 47C to 47F or 195C to 195F (powers to seize and search for realisable property);

b

section 289 (powers to search for cash);

c

section 294 (power to seize cash);

d

section 295(1) (power to detain seized cash);

e

section 303C (powers to search for a listed asset);

f

section 303J (powers to seize property);

g

section 303K (powers to detain seized property);

F2ga

section 303Z21 (powers to search for cryptoasset-related items);

gb

section 303Z26 (powers to seize cryptoasset-related items);

gc

section 303Z27 (powers to detain cryptoasset-related items);

h

a search and seizure warrant issued under section 352.

6

In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales)—

a

the reference in subsection (3)(a) to 51 weeks is to be read as a reference to 6 months;

b

the reference in subsection (4)(a) to 51 weeks is to be read as a reference to 1 month.