Obstruction Flashcards
Q: What is the law on obstruction?
S23(4) provides an either way offence dealt with by a maximum of 2 years on indictment or 6 months summarily concerning intentional obstruction of those exercising s23 search powers.
A person commits an offence if he—
(a) intentionally obstructs a person in the exercise of his powers under this section; or
(b) conceals from a person acting in the exercise of his powers under subsection (1) above any such books, documents, stocks or drugs as are mentioned in that subsection; or
(c) without reasonable excuse (proof of which shall lie on him) fails to produce any such books or documents as are so mentioned where their production is demanded by a person in the exercise of his power under that subsection.
Q: Does this cover unintentional obstruction?
Obstruction must be intentional.
Ford 1985- example of intentional obstruction. D had been passed an item by another person. Seeing this, an officer began to walk towards the group, who began to walk away. When told to stop, they refused to do and as the officer caught up to D he put something in his mouth and swallowed it. He was arrested and claimed that the item was a proscribed drug. He was charged with obstruction under s23(4A) of 1971 Act and convicted by the jury. Conviction was upheld on appeal.
