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Obstructing a Police Officer: Consequences and Sentencing

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Obstructing a police officer is a criminal offence that can have serious consequences, even in cases where no physical force is used.

Defined under Section 89(2) of the Police Act 1996, ‘obstruction’ covers any deliberate act that hinders an officer in the lawful execution of their duties.

This can include both physical actions and non-physical interference, such as providing false information or preventing access to a location.

Penalties for obstructing a police officer can result in fines, a criminal record, and, in some cases, imprisonment. The seriousness of the penalty will depend on the nature of the obstruction and its impact on police duties.

It is important to understand what constitutes obstruction, how the law is applied, and what potential defences may be available. This page will explain the offence in detail, outline the possible consequences, and summarise sentencing guidelines under UK law.

What does obstructing a police officer mean?

In the UK, obstructing a police officer is defined under Section 89(2) of the Police Act 1996 as wilfully resisting or hindering a constable in the execution of their lawful duties.

‘Wilfully’ means the act must be deliberate rather than accidental. Examples of attempting to obstruct police include:

  • Warning that a police search of the premises is to occur.
  • Providing false details to the police.
  • Refusing to permit entry to premises or hindering access/search.

It is important to note that the duty being obstructed must be lawful; actions that prevent an officer from acting unlawfully do not fall under this offence.

What is the penalty for obstructing a police officer?

Obstructing a police officer is a summary-only offence, meaning it can only be tried in the Magistrates’ Court.

The maximum sentence under Section 89(2) of the Police Act 1996 is one month’s imprisonment and/or a level 3 fine, currently capped at £1,000.

While imprisonment is rare, courts may impose a community order, conditional discharge, or fine, depending on the circumstances and seriousness of the obstruction.

The sentencing guidelines for obstructing a PC consider the intent, the impact on the officer’s duties, and whether the obstruction occurred during a serious incident.

Repeat offences or cases involving deliberate deception may attract harsher penalties than isolated, less serious conduct.

Is passive resistance considered obstructing a police officer?

Passive resistance, such as refusing to stand or going limp when an officer attempts to move you, is not automatically classed as obstructing a police officer.

For obstruction to be proven, the conduct must be wilful and intended to hinder the officer’s lawful duty.

While passive behaviour may delay police actions, it does not always meet the threshold for prosecution.

However, in certain contexts, such as where it significantly impedes an arrest or public safety, it could be considered obstruction. Each case will depend on the facts, the intent of the person involved, and the overall impact on the officer’s duties.

Can I be arrested for obstructing a police officer if I didn't touch them?

Yes. Physical contact is not required to be charged with obstruction. The offence can be committed by any deliberate act that hinders an officer carrying out lawful duties, even if there is no physical interference.

Examples include refusing to provide legally required details, giving false information, or tipping people off about police presence or a police search.

The key element is wilful conduct that causes a measurable delay or prevention of police work.

If the act was unintentional or based on a lawful excuse, it may not amount to an offence, but this would be determined based on the circumstances.

Can filming a police officer be considered obstruction?

Filming a police officer in a public place is generally lawful in the UK, provided you are not obstructing their duties or committing another offence.

It is not illegal to simply record officers in the course of their work. However, filming could amount to obstruction if it is done in a way that physically impedes them, prevents them from performing their duties, or is intended to assist criminal activity.

Entering restricted areas, interfering with evidence, or distracting officers in an emergency may cross the line. Otherwise, lawful filming is protected as part of public accountability and freedom of expression.

What evidence do police need to charge someone with obstruction?

To charge someone with obstructing a police officer, the prosecution must prove beyond reasonable doubt that:

  1. The officer was acting lawfully in the execution of their duty.
  2. The defendant’s actions were deliberate (‘wilful’).
  3. Those actions hindered the officer’s duty.

Evidence can include witness statements, body-worn or CCTV footage, and records of verbal exchanges.

In some cases, written or digital communications showing intent may be relevant. The standard of proof is the same as for other criminal offences. If any element, such as lawful duty or wilful intent, cannot be proved, the charge may not succeed.

What’s the difference between obstructing and assaulting a police officer?

While both offences relate to interference with police duties, they differ significantly in nature and seriousness.

Obstruction involves deliberately hindering or delaying an officer in the execution of their lawful duty, without necessarily causing harm.

This can be through physical or non-physical means, such as blocking access or providing false details.

Assaulting a police officer, on the other hand, involves intentionally or recklessly applying force or causing the officer to fear immediate unlawful violence.

Assault is a more serious offence, carrying higher maximum penalties, and can lead to imprisonment even for a first offence, depending on the circumstances.

Related offences

We also provide support and guidance on various other matters that are related to smartwatch use while driving, including:

Fees and funding

We are always clear and upfront when it comes to legal fees.

If you are required to attend court for an offence, you may be eligible for Legal Aid. Whether you can access Legal Aid will depend on whether the grant of public funding is justified on a means and interest of justice basis.

Where you do not qualify for Legal Aid, the alternative will be to fund the case on a private basis.       

To find out more about the way we handle fees (both Legal Aid and private fees), please use the links provided below:

Contact our solicitors for obstructing a police officer today

If you are due to attend the police station, require any urgent specialist advice, or immediate representation, please do not hesitate to get in touch.

You can contact our dedicated criminal law solicitors in London, Birmingham, and Manchester by telephone on:

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form, and we will get back to you quickly.

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