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Resisting or wilfully obstructing a constable

s.89(2)Police Act 1996

Resisting or wilfully obstructing a constable, or a person assisting a constable, in the execution of their duty.

Resisting or wilfully obstructing a constable · Police Act 1996, s.89(2)Card 110 / 85

Points to prove

Obstructs – making it more difficult for the police to carry out their duty (Hinchliffe v Sheldon 1955). It does not need to involve physical force.
Wilfully – deliberately, and without lawful excuse (Rice v Connolly 1966). There is no general legal duty to answer police questions, so simply refusing to answer is not wilful obstruction.
Resists – actively opposing the constable, usually physically, such as struggling against an arrest.
In the execution of their duty – the constable must be acting lawfully. An officer who uses force beyond their powers (for example, taking hold of someone to detain them without a power to do so) is not acting in the execution of their duty (Collins v Wilcock 1984).
Person assisting – anyone helping a constable who is in the execution of their duty. This includes a member of an international joint investigation team led by a member of a police force (s.89(4)).

Warning drivers who are speeding about a police speed check ahead, so they avoid detection, can be obstruction (Betts v Stevens 1910).
Assaulting a constable in the execution of their duty is the separate offence under s.89(1) (maximum 6 months). Common assault or battery of an emergency worker, including a constable, is an aggravated offence under s.1 of the Assaults on Emergency Workers (Offences) Act 2018 (either way, maximum 2 years).
s.89 also covers police officers from Scotland and Northern Ireland when executing a warrant or otherwise acting in England or Wales under statutory powers (s.89(3)).

Legislation: Police Act 1996, s.89(2) (opens legislation.gov.uk in a new tab)
Mode of trial: Summary only
Maximum penalty: 1 month's imprisonment and/or a fine not exceeding level 3 (£1,000)