Serious Organised Crime and Police Act 2005

Exercise of powers

50 Designations: supplementary

(1) If a designated person—

(a) exercises any power in relation to another person in reliance on his designation under section 43, or

(b) purports to do so,

he must produce evidence of his designation to the other person if requested to do so.

(2) A failure to comply with subsection (1) does not make the exercise of the power invalid.

(3) For the purpose of determining liability for the unlawful conduct of members of SOCA’s staff, any conduct by a designated person in reliance, or purported reliance, on his designation is to be taken to be—

(a) if he is employed by SOCA, conduct in the course of his employment, or

(b) if he is a person to whom section 28 applies by virtue of subsection (3)(a) of that section, conduct falling within subsection (1) of that section.

(4) In the case of any unlawful conduct within subsection (3) which is a tort, SOCA is accordingly to be treated as a joint tortfeasor.

This subsection does not apply to Scotland.

51 Assaults, obstruction or deception in connection with designations

(1) A person commits an offence if he assaults—

(a) a designated person acting in the exercise of a relevant power, or

(b) a person who is assisting a designated person in the exercise of such a power.

(2) A person commits an offence if he resists or wilfully obstructs—

(a) a designated person acting in the exercise of a relevant power, or

(b) a person who is assisting a designated person in the exercise of such a power.

(3) A person commits an offence if, with intent to deceive—

(a) he impersonates a designated person,

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

(c) he 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.

(4) A person guilty of an offence under subsection (1) or (3) is liable on summary conviction—

(a) to imprisonment for a term not exceeding 51 weeks, or

(b) to a fine not exceeding level 5 on the standard scale,

or to both.

(5) A person guilty of an offence under subsection (2) is liable on summary conviction—

(a) to imprisonment for a term not exceeding 51 weeks, or

(b) to a fine not exceeding level 3 on the standard scale,

or to both.

(6) In this section “relevant power”, in relation to a designated person, means a power or privilege exercisable by that person by virtue of the designation under section 43.

(7) In the application of this section to Scotland the references to 51 weeks in subsections (4)(a) and (5)(a) are to be read as references to 12 months in each case.

(8) In the application of this section to Northern Ireland the references to 51 weeks are to be read as follows—

(a) in subsection (4)(a) the reference is to be read as a reference to 6 months, and

(b) in subsection (5)(a) the reference is to be read as a reference to 1 month.