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    Impersonation of police officer or private police officer **USERNAME's**

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    Impersonation of police officer or private police officer **USERNAME's**

    Post by Admin on Wed Nov 11, 2009 12:08 pm

    (1) Any person who with intent to deceive impersonates a member of a police force or special constable, or makes any statement or does any act calculated falsely to suggest that he is such a member or constable, shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both. (Section 281 Criminal Justice Act 2003: Alteration of penalties for other summary offences to 51 weeks on date to be appointed)

    (2) Any person who, not being a constable, wears any article of police uniform in circumstances where it gives him an appearance so nearly resembling that of a member of a police force as to be calculated to deceive shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

    (3) Any person who, not being a member of a police force or special constable, has in his possession any article of police uniform shall, unless he proves that he obtained possession of that article lawfully and has possession of it for a lawful purpose, be guilty of an offence and liable on summary conviction to a fine not exceeding level 1 on the standard scale. (4) In this section—

    (a) “article of police uniform” means any article of uniform or any distinctive badge or mark or document of identification usually issued to members of police forces or special constables, or anything having the appearance of such an article, badge, mark or document,
    (aa) “member of a police force” includes a member of the British Transport Police Force, and
    (b) “special constable” means a special constable appointed for a police area.
    Section 46 Police Reform Act 2002: Offences against designated and accredited persons etc.
    Section 46 sets out various offences relating to assaulting, obstructing or impersonating designated or accredited persons. They parallel the provision for offences relating to assaulting, obstructing or impersonating police officers contained in sections 89 and 90 of the 1996 Act.

    Subsection (1) makes it an offence to assault a designated or accredited person in the execution of his duty or to assault a person assisting a designated or accredited person in the execution of his duty. The penalty is imprisonment not exceeding six months or a fine not exceeding level 5 on the standard scale (currently £5000) or both.

    Subsection (2) makes it an offence to resist or wilfully obstruct a designated or accredited person in the execution of his duty or to resist or wilfully obstruct a person assisting a designated or accredited person in the execution of his duty. The penalty is imprisonment not exceeding one month or a fine not exceeding level 3 on the standard scale (currently £1000) or both.

    Subsection (3) makes it an offence, provided there is intent to deceive, to impersonate or pose as a designated or accredited person. It is also an offence for an accredited or designated person to make any statement or act in a way that falsely suggests that he has powers above and beyond those he in fact has. The penalty is imprisonment not exceeding six months or a fine not exceeding level 5 on the standard scale (currently £5000) or both.

    Section 38 enables chief officers of police to designate suitably skilled and trained civilians under their direction and control to exercise powers and undertake duties in carrying out specified functions. A chief officer can designate civilians to perform functions in four categories: community support officer; investigating officer; detention officer; and escort officer. The Director General of NCIS or NCS may designate support staff under his direction and control as investigating officers.


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