The King's Law/Guard's Handbook/Obstructing a Constable: Difference between revisions
From The Royal Court
(Created page with "{{The King's Law/Guard's Handbook/Advice | Sentence Severity = Medium | Penalty Offence = true}}") |
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{{The King's Law/Guard's Handbook/Advice | {{The King's Law/Guard's Handbook/Advice | ||
| Applies When = | |||
* A person refuses to remove themselves from an area, when lawfully ordered to do so be a constable. | |||
| Doesn't Apply When = | |||
* A person is ordered to remove themselves from an area by a constable, when the area has no immediate or near-immediate interest to law enforcement organisations. | |||
| Sentence Severity = Medium | | Sentence Severity = Medium | ||
| Penalty Offence = true}} | | Penalty Offence = true}} | ||
Revision as of 23:35, 13 March 2024
Application
Advice and guidance around when this offence could apply, and when it shouldn't apply.
Applies When
- A person refuses to remove themselves from an area, when lawfully ordered to do so be a constable.
Doesn't Apply when
- A person is ordered to remove themselves from an area by a constable, when the area has no immediate or near-immediate interest to law enforcement organisations.
Sentencing
Suggested sentences for those who have been convicted of this offence, and advice on the applicable conviction processes.
- Sentences: Where there are multiple suggested sentences, select the sentence that is most appropriate given the offences circumstances.
- Process: Where there are multiple options for the due process, consider the process that best matches the circumstances of the offence, i.e. for more serious circumstances, consider the higher option.
Suggested Sentences
- 15 Silver Penalty
- 2 Day Community Restitution Order
- 6 Lashes
Due Process
- Penalty Offence: A fixed penalty notice (FPN) can be issued for this offence without a court hearing or supervisor escalation.
Further Guidance
There is no further guidance for this offence.
