Obstruction of a Police Officer (Section 89(2) Police Act 1996)

Obstruction of a Police Officer is an offence under s.89(2) Police Act 1996. Any person who resists or wilfully obstructs a constable in the execution of his duty, or a person assisting a constable in the execution of his duty, is guilty of an offence (s.89(2)). The section also applies to a constable of the Police Service of Scotland or Northern Ireland executing a warrant or otherwise acting in England or Wales under an enactment conferring powers on him there (s.89(3)). Maximum sentence: on summary conviction, imprisonment for a term not exceeding one month or a fine not exceeding level 3 on the standard scale, or both (s.89(2)).

In practice

This is a summary-only offence: it must be tried at the magistrates' court. Police may charge without CPS authority for summary offences. The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them. Interviews must be audio-recorded (Code E) or, for indictable offences, may be visually recorded (Code F).