Part 1The Serious Organised Crime Agency

Chapter 3SOCA: Miscellaneous and supplementary

Joint investigation teams

57Assaults or obstruction in connection with joint investigation teams

(1)

This section applies where an international joint investigation team has been formed under the leadership of a member of SOCA’s staff.

(2)

A person commits an offence if he assaults a member of the team who is carrying out his functions as a member of the team.

(3)

A person commits an offence if he resists or wilfully obstructs a member of the team who is carrying out his functions as a member of that team.

(4)

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 5 on the standard scale,

or to both.

(5)

A person guilty of an offence under subsection (3) 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 “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 the Treaty, or

(c)

any international agreement to which the United Kingdom is a party and which is specified in an order made by the Secretary of State.

(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.