Justice, police powers and breaches
Obstruct / resist a police constable
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Summary only
- Maximum penalty
- Level 3 fine and/or 1 month's custody
Actus reus
- Resist or wilfully obstruct a constable in the execution of their duty, or a person assisting a constable in the execution of their duty.
Mens rea
- Wilful obstruction (deliberate act making it more difficult for the officer to carry out duty) or intentional resistance.
Defences
Officer not acting in the execution of duty · No wilful obstruction · Self-defence against excessive force · Accident / misunderstanding
Sentencing Council
Magistrates' guideline (revised 2017) effective 24 April 2017. Offence range: conditional discharge to medium-level community order.
At the police station
Lower-level than assault on emergency worker / assault PC. Often charged for refusing to move, blocking a doorway, or struggling during arrest without a full assault charge. Check BWV carefully.
When to involve a rep or solicitor
Police station advice is free under legal aid and is not means-tested.
Authoritative sources for this page
Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.
- Statute:Police Act 1996, s.89(2) ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Public justice offences ↗