Obstructing a search under the Misuse of Drugs Act

s.23(4)Misuse of Drugs Act 1971

Intentionally obstructing a constable or other authorised person using their search, entry or inspection powers under s.23 of the Misuse of Drugs Act 1971.

Obstructing a search under the Misuse of Drugs Act · Misuse of Drugs Act 1971, s.23(4)Card 123 / 195

Points to prove

s.23(4)(a)Intentionally obstructed a person
s.23(4)(a)Who was exercising their powers under s.23 (search of a person or vehicle, a search warrant, or an inspection)
s.23(4)(b)Or concealed books, documents, stocks or drugs from a person exercising the s.23(1) inspection power
s.23(4)(c)Or, without reasonable excuse, failed to produce books or documents demanded under s.23(1)

Key definitions

s.23(2) powers – a constable with reasonable grounds to suspect that a person has a controlled drug unlawfully may search and detain them, search a vehicle or vessel and require it to stop, and seize evidence.
s.23(3) warrant – a justice may grant a warrant to enter premises, by force if needed, and search the premises and the people found there, within one month.
s.23(1) inspection – a constable or authorised person may enter the premises of a business producing or supplying controlled drugs and inspect its books, documents and stocks.
Intentionally obstructs – deliberately doing something that makes the search harder, such as struggling, running off, or trying to swallow or throw away drugs.

Defences

s.23(4)(c) – for failing to produce books or documents only: reasonable excuse, which the defendant must prove.

Good to know

The power must be used lawfully. If the search is unlawful, for example because the PACE s.2 information was not given, the person is not obstructing a lawful exercise of the power.
For obstructing a constable in other circumstances, consider s.89(2) Police Act 1996 (summary only).
Schedule 4 still shows a summary maximum of 6 months, but s.282 of the Criminal Justice Act 2003 reads it as the general limit in a magistrates’ court (12 months) for offences committed on or after 2 May 2022. It is 6 months for offences committed before then.

Legislation: Misuse of Drugs Act 1971, s.23(4) (opens legislation.gov.uk in a new tab)
Mode of trial: Either way
Maximum penalty: 2 years' imprisonment and/or a fine (on indictment); 12 months' imprisonment and/or a fine (summarily)
Last checked: 2 November 2026, against the current law on legislation.gov.uk

Obstructing a search under the Misuse of Drugs Act: questions people ask

What are the points to prove for obstructing a search under the Misuse of Drugs Act?

1. Intentionally obstructed a person 2. Who was exercising their powers under s.23 (search of a person or vehicle, a search warrant, or an inspection) 3. Or concealed books, documents, stocks or drugs from a person exercising the s.23(1) inspection power 4. Or, without reasonable excuse, failed to produce books or documents demanded under s.23(1)

What is the maximum sentence for obstructing a search under the Misuse of Drugs Act?

2 years' imprisonment and/or a fine (on indictment); 12 months' imprisonment and/or a fine (summarily)

Is obstructing a search under the Misuse of Drugs Act a summary, either-way or indictable offence?

Obstructing a search under the Misuse of Drugs Act is an either-way offence: it can be tried in the magistrates’ court or the Crown Court.

What Act and section is obstructing a search under the Misuse of Drugs Act?

Obstructing a search under the Misuse of Drugs Act is an offence under the Misuse of Drugs Act 1971, s.23(4).

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