Serious Organised Crime and Police Act 2005

Serious Organised Crime and Police Act 2005

2005 CHAPTER 15

The Act

Commentary on Sections

Chapter 3: SOCA: Miscellaneous and supplementary

Section 57: Assaults or obstruction in connection with joint investigation teams

157. This section sets out various offences relating to assaulting or obstructing members of an international joint investigation team which is led by a member of SOCA’s staff, in accordance with obligations under international agreements to which the United Kingdom is a party. They parallel similar offences in relation to international joint investigation teams provided for in Part 6 of the Police Reform Act 2002.

158. Subsection (2) makes it an offence to assault a member of a team who is carrying out his functions as a member of that team. Subsection (3) makes it an offence to resist or wilfully obstruct a member of a team who is carrying out such functions.

159. Subsections (4) and (5) provide for the penalties for the two offences. In the case of an offences under subsection (2) the maximum penalty is a term of imprisonment of 51 weeks or a fine at level 5 on the standard scale (currently £5000) or both, while in the case of a subsection (3) offence the maximum penalty is a term of imprisonment of 51 weeks or a fine at level 3 on the standard scale (currently £1000) or both. Subsections (7) and (8) set out the maximum term of imprisonment applicable in Scotland and Northern Ireland respectively.