Is 'obstructing a police support worker' an offence?
Is 'obstructing a police support worker' an offence?
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CoolHands

Original Poster:

23,421 posts

224 months

Friday 4th December 2020
quotequote all
That's the wording the beeb use for someone who got in the way of a speed camera van

https://www.bbc.co.uk/news/uk-england-lincolnshire...

I see there is an offense against PCSO's, is there same against non-PCSOs but who are working for the police? (Or would the 'police support worker' actually have been a PCSO?). Just interested.

4.8Section 46 of the PRA creates a numberof offences relating specifically toPCSOs5, namely:

resisting or wilfully obstructing a PCSO in the execution of their duty

Rushjob

2,302 posts

287 months

Friday 4th December 2020
quotequote all
CoolHands said:
That's the wording the beeb use for someone who got in the way of a speed camera van

https://www.bbc.co.uk/news/uk-england-lincolnshire...

I see there is an offense against PCSO's, is there same against non-PCSOs but who are working for the police? (Or would the 'police support worker' actually have been a PCSO?). Just interested.

4.8Section 46 of the PRA creates a numberof offences relating specifically toPCSOs5, namely:

resisting or wilfully obstructing a PCSO in the execution of their duty
Look at Sec 46, Subsection 2 - designated / accredited person is included . If the CC has accredited or designated the crew of the van then the offence is complete. As it is now at court I'd suggest it's likely they have been so.....

Lonely

1,099 posts

197 months

Friday 4th December 2020
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martinbiz

3,698 posts

174 months

Friday 4th December 2020
quotequote all
There have been some attempted prosecutions of persons in the past under the obstruction legislation for deliberately warning others about the presence of a camera van, not sure how many have been successful, but I guess the poilice are fairly sure they are on firm ground. Deliberate blocking of a camera van's line of site would seem to fall under the same umbrella

Derek Smith

49,748 posts

277 months

Friday 4th December 2020
quotequote all
martinbiz said:
There have been some attempted prosecutions of persons in the past under the obstruction legislation for deliberately warning others about the presence of a camera van, not sure how many have been successful, but I guess the poilice are fairly sure they are on firm ground. Deliberate blocking of a camera van's line of site would seem to fall under the same umbrella
Interesting history of warning of a speed trap ahead. Way back when, warning all drivers was considered not to be an offence, but warning just speeding motorists was. Since then there's been some fiddling with it.

AJL308

6,390 posts

185 months

Saturday 5th December 2020
quotequote all
Derek Smith said:
martinbiz said:
There have been some attempted prosecutions of persons in the past under the obstruction legislation for deliberately warning others about the presence of a camera van, not sure how many have been successful, but I guess the poilice are fairly sure they are on firm ground. Deliberate blocking of a camera van's line of site would seem to fall under the same umbrella
Interesting history of warning of a speed trap ahead. Way back when, warning all drivers was considered not to be an offence, but warning just speeding motorists was. Since then there's been some fiddling with it.
I've never really managed to get my head round the logic that getting someone to stop breaking the law amounts to obstructing a constable. If you saw someone about to punch another person and got the aggressor to not do it by telling him a cop was watching then would you get done for obstruction because the officer didn't get to make an arrest for GBH? Of course you wouldn't. If you prevent a crime or stop one which is happening then how tf is that obstruction?

anonymous-user

83 months

Saturday 5th December 2020
quotequote all
That analogy is inaccurate. The better analogy is that of a person who warns a thief not to steal a handbag because a police officer is watching.

If A stops B from punching C, A is usually being a good citizen and assisting C.

If A warns B that he is at risk of being detected doing something unlawful, A is in effect assisting B.

AJL308

6,390 posts

185 months

Saturday 5th December 2020
quotequote all
Yes, good point. I'd never thought of it that way.

anonymous-user

83 months

Saturday 5th December 2020
quotequote all
Succinctly put.

One is protecting a victim, the other an offender.

XCP

17,698 posts

257 months

Saturday 5th December 2020
quotequote all
Isn't there an offence of obstructing a police officer or any person assisting them?

Bigends

6,155 posts

157 months

Saturday 5th December 2020
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Breadvan72 said:
That analogy is inaccurate. The better analogy is that of a person who warns a thief not to steal a handbag because a police officer is watching.

If A stops B from punching C, A is usually being a good citizen and assisting C.

If A warns B that he is at risk of being detected doing something unlawful, A is in effect assisting B.
That wouldnt amount to obstruction though.
If I saw someone just about to throw a brick through a window and I told them - better not the Police are round the corner - they drop the brick and move on - no offence.


vonhosen

40,597 posts

246 months

Saturday 5th December 2020
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Bigends said:
Breadvan72 said:
That analogy is inaccurate. The better analogy is that of a person who warns a thief not to steal a handbag because a police officer is watching.

If A stops B from punching C, A is usually being a good citizen and assisting C.

If A warns B that he is at risk of being detected doing something unlawful, A is in effect assisting B.
That wouldnt amount to obstruction though.
If I saw someone just about to throw a brick through a window and I told them - better not the Police are round the corner - they drop the brick and move on - no offence.
Depends on context.
Effectively acting as a look out by giving a warning in order to temporarily suspend offending because of the immediate risk of detection would amount to an obstruction.

helix402

7,913 posts

211 months

Saturday 5th December 2020
quotequote all
Answer to op’s question. Yes.