Obstruction offences

Options available to obstruction offences we regulate

National Parks and Access to the Countryside Act 1949

Section 108(4)

Wilfully obstructing a person in the exercise of his powers under section 108(1) of the National Parks and Access to the Countryside Act 1949.

Summary only offence.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions not available.

Public Order Act 1986

Section 4

Using threatening, abusive or insulting words or behaviour with intent so as to cause another to believe that immediate unlawful violence will be used against him or another.

Summary only offence.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions not available.

Section 5

Using threatening, abusive or insulting words or behaviour or disorderly behaviour or displays any writing, sign or other visible representation which is threatening, abusive or insulting, within the hearing or sight of a person likely to be caused harassment, alarm or distress.

Summary only offence.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil sanctions not available.

Water Resources Act 1991

Section 173 & Sched. 20, Para 7

Obstructing an NRW officer exercising powers of entry

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions which can be imposed are:

  • Variable Monetary Penalty

Civil sanctions are only available for offences which occurred after 15 July 2010.

Environment Act 1995

Section 110(1)

Obstruction of NRW officer.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions which can be imposed are:

  • Variable Monetary Penalty

Civil sanctions are only available for offences which occurred after 15 July 2010

Section 110(2)(a)

Failure to comply with any requirement imposed under Section 108.

Summary only offence.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions which can be imposed are:

  • Variable Monetary Penalty

Civil sanctions are only available for offences which occurred after 15 July 2010

Section 110(2)(b)

Failure/refusal to provide facilities or assistance reasonably required by an NRW officer

Summary only offence.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions which can be imposed are:

  • Variable Monetary Penalty

Civil sanctions are only available for offences which occurred after 15 July 2010

Section 110(2)(c)

Prevent any other person from appearing before or from answering any questions to an NRW officer.

Summary only offence.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions which can be imposed are:

  • Variable Monetary Penalty

Civil sanctions are only available for offences which occurred after 15 July 2010

Section 110(3)

Falsely pretend to be an authorised person.

Summary only offence.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Civil Sanctions which can be imposed are:

  • Variable Monetary Penalty

Civil sanctions are only available for offences which occurred after 15 July 2010

Section 110(3A)

Contravene a Restriction Notice issued under section 109A (including a Notice continued in force under section 109E) without reasonable excuse.

Summary only offence.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution
Relevant commencement date is 29th of March 2018.

Section 110(3B)

Contravene a Restriction Order made under section 109D, 109F, 109G or 109I, without reasonable excuse.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

29th of March 2018

Section 110(3C)

Removal of a copy of a Restriction Order fixed to a premises under section 109H(1), without reasonable excuse.

Summary only offence.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

29th of March 2018

Police Act 1996

Section 89(1)

Summary only offence.

Assault of a constable (water bailiff is deemed a constable for the purpose of enforcing SFFA 1975) in the execution of their duty.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Section 89(2)

Intentional obstruction of a constable (or a person assisting the constable) in the execution of their duty.

Summary only offence.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution

Countryside Rights of Way Act 2000

Section 40(10)

Intentionally obstructing the entry onto land of someone lawfully authorised by the appropriate countryside authority

Summary only offence.

Standard criminal and offence specific responses are:

  • Warning
  • Formal Caution
  • Prosecution