SCHEDULES

SCHEDULE 5Police, customs and immigration powers

Part 7Offences relating to designations

Resistance or wilful obstruction of designated officers etc

21

1

A person commits an offence if the person resists or wilfully obstructs—

a

a designated officer acting in the exercise of an operational power, or

b

a person who is assisting a designated officer in the exercise of such a power.

2

A person guilty of an offence under this paragraph is liable on summary conviction to either or both of the following—

a

imprisonment for a term not exceeding—

i

51 weeks on conviction in England and Wales;

ii

12 months on conviction in Scotland;

iii

1 month on conviction in Northern Ireland;

b

a fine not exceeding level 3 on the standard scale.

Assault on designated officers etc

22

1

A person commits an offence if the person assaults—

a

a designated officer acting in the exercise of an operational power, or

b

a person who is assisting a designated officer in the exercise of such a power.

2

A person guilty of an offence under this paragraph is liable on summary conviction to either or both of the following—

a

imprisonment for a term not exceeding—

i

51 weeks on conviction in England and Wales;

ii

12 months on conviction in Scotland;

iii

6 months on conviction in Northern Ireland;

b

a fine not exceeding level 5 on the standard scale.

Impersonation of designated officer etc

23

1

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

a

the person impersonates a designated officer,

b

the person makes any statement or does any act calculated falsely to suggest that the person is a designated officer, or

c

the person makes any statement or does any act calculated falsely to suggest that the person has powers as a designated officer that exceed the powers the person actually has.

2

A person guilty of an offence under this paragraph is liable on summary conviction to either or both of the following—

a

imprisonment for a term not exceeding—

i

51 weeks on conviction in England and Wales;

ii

12 months on conviction in Scotland;

iii

6 months on conviction in Northern Ireland;

b

a fine not exceeding level 5 on the standard scale.

Transitional provision relating to offences

24

In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for summary offences)—

a

the reference in paragraph 21(2)(a)(i) to the period of 51 weeks is to be read as a reference to the period of 1 month;

b

the references in paragraphs 22(2)(a)(i) and 23(2)(a)(i) to the period of 51 weeks are to be read as references to the period of 6 months.