Obstruction of a police officer in the execution of their duty (Section 89 Police Act 1996)
Last reviewed: 22/02/2023
At protests and demonstrations, the police often threaten to arrest people for the offence of 'Obstructing a Police Officer in the Execution of their Duty'.
This act applies to police officers acting in the execution of their duty, or people assisting a constable in the execution of their duty. There are also separate identical offences laid out in Section 46 of the Police Reform Act 2002 that apply to Police Community Support Officers.
If a person wilfully obstructs a police officer in the execution of their duty, this is an offence under the Police Act 1996.
The offence of wilfully obstructing a police officer is where one does something that makes it more difficult for the police officer to carry out their lawful duty. For example, if one were to stop them from doing something that is part of their lawful duty, such as arresting someone, or deliberately misleading them or by giving them a false name and/or address, that could all be considered obstructive. It is worth noting that simply not giving your details does not amount to an obstruction.
By going limp when an officer is trying to arrest you, it will make it more difficult for the police officer(s) to move you, but this should not amount to resisting arrest.
The duty of the police is to uphold the law. The 'execution of their duty' does play a relevant part in the available defences to this. If you can raise that the police officer was acting outside of the law or breaking it themselves, then it is clear that they are not acting in the "execution of their duty" and so you would have a defence to the charge.
If convicted of obstruction of a police officer in the execution of their duty, the maximum sentence upon summary conviction (in the Magistrates court) is imprisonment for a term not exceeding one month or a £1000 fine or both.
All of the above also applies to a situation where a person resists a police officer acting in the execution of their duty, which is also an offence under Section 89 Police Act 1996.
Assault on a police constable in the execution of their duty
NB see assault on Emergency Workers
Assault on a Police Constable in the execution of their duty is also an offence under the same piece of legislation (Section 89 Police Act 1996).
Assaulting a police officer is where one intentionally or recklessly causes a police officer to apprehend or sustain immediate and unlawful violence. There does not necessarily have to be any actual injury done to the officer. Assault doesn’t require you to actually touch the other person, you just need to do something that makes them fear or apprehend immediate violence.
Assault PC can only be tried in the magistrate’s court and carries a maximum sentence of 6 months in custody and a fine, which could be any amount. Maximum sentences are used only in the most serious cases and the sentence you could receive will depend on the facts of your case. The Sentencing Council has issued guidance on how Magistrates should decide the sentence https://www.sentencingcouncil.org.uk/offences/magistrates-court/item/assault-on-a-police-constable-in-execution-of-his-duty/
If convicted of assaulting a police officer in the execution of their duty (Section 89 Police Act 1996), the maximum sentence upon summary conviction (in the Magistrates court) is imprisonment for a term not exceeding six months or an unlimited fine or both.
The above are all summary offences, meaning that you can only be tried in a Magistrates Court and therefore can not have a jury trial.
Assaulting an emergency worker in the exercise of their functions
It is made clear in the CPS guidance that the offence of assaulting a police officer should be charged under Section 1 of the Assaults on Emergency Workers (Offences) Act 2018, which is an either way offence (meaning it can be tried in both the Magistrates or Crown Court, where you can have a jury trial). You may still be arrested for Assaulting a Police Officer in the Execution of their Duty, but it is likely you will be charged with Assaulting an Emergency Worker in the Exercise of their Functions.
In addition to police officers, this also applies to nurses, paramedics, firefighters, coastguards, prison guards, search and rescue workers, and various other professions.
The key difference here is that the emergency worker doesn’t need to be on duty or at work, they just need to be doing something which would be seen as part of their functions if they were on duty or at work. The defence that an officer was not acting in the course of their duty does not apply to Assault on an Emergency Worker. The High Court found that police officers could act in the exercise of their functions even if they commit an unlawful act, such as using force against someone without reason to do so. However, if this did happen you could still argue that you were acting in self defence, for example, along with other general defences that tend to be weaker than the ‘duties defence’ to Assault PC.
Assault on an emergency worker carries a higher maximum sentence than assault on a police constable in the execution of their duty.
This offence can be tried in the Magistrate’s or the Crown Court. We know of only a few protest cases that have resulted in immediate prison time for this offence.
The Police, Crime, Sentencing and Courts Act 2022 has increased the maximum sentence upon conviction to 2 years imprisonment or a fine or both. Guidance for judges and magistrates on how this offence should be sentenced is available from the sentencing council website.
Of course, if a police officer or emergency worker were to sustain a serious or more than trivial injury a person may well be prosecuted for an offence under the Offences Against the Person Act . S47 assault, S20 and S18 all carry sentences of imprisonment. S47 and s20 carry up to 5 years imprisonment and S18 carries a maximum of life imprisonment. The fact that the assault is against a police officer or emergency worker would be an aggravating feature.