Assaulting or obstructing police and emergency workers
It is an offence in Scotland to assault, resist, obstruct or hinder a police officer or member of police staff acting in that role (2012 Act, s.90), or to assault, obstruct or hinder emergency workers such as firefighters, ambulance staff, doctors and nurses (2005 Act).
Law checked as at 25 September 2026. Legal information only, not legal advice, and not a prediction of any sentence.
At a glance
| Also known as | Assaulting police, Resisting arrest, Obstructing police, Section 90 offence, Assaulting an emergency worker |
|---|---|
| The law | Police and Fire Reform (Scotland) Act 2012, section 90; Emergency Workers (Scotland) Act 2005 |
| Where it is tried | both offences are summary only, so they are prosecuted under summary procedure in the sheriff court or JP court. More serious attacks on police officers or emergency workers are often charged as common law assault instead, which can be prosecuted under solemn procedure before a jury. |
| Maximum penalty | Section 90 (assaulting, or resisting, obstructing or hindering, police): up to 12 months' imprisonment and/or a fine of up to £10,000 (the statutory maximum) on summary conviction. Emergency Workers (Scotland) Act 2005 offences: up to 12 months' imprisonment and/or a fine of up to £10,000 on summary conviction. In the JP court the limit is 60 days and/or £2,500. Where the Procurator Fiscal charges common law assault instead, the maximum depends on the court and can be life imprisonment in the High Court. |
Maximum penalties are the most a court can impose for the worst cases. Most sentences are far lower, and the actual sentence depends on the facts, any guilty plea and the court's assessment.
What the prosecution must prove
- That the complainer was acting in a protected capacity: a constable or member of police staff under section 90, or an emergency worker covered by the 2005 Act (for example fire and rescue staff, ambulance staff, doctors, nurses and midwives, or, when responding to emergencies, prison officers, coastguards, lifeboat crew, social workers and mental health officers)
- That the accused assaulted them, or resisted, obstructed or hindered them, or someone assisting them
- Under the 2005 Act, that the accused knew or ought to have known the person was acting in that capacity and, for the groups protected only in emergencies, that they were or might be responding to an emergency
- Under the 2005 Act, obstructing or hindering can be by non-physical means, including giving false information intended to be acted on, or interfering with vehicles or equipment
- That the accused is identified, with evidence from a single source being sufficient to prove the worker's capacity under the 2005 Act
Defences and common issues
- The accused did not know, and could not reasonably have known, that the person was a police officer or emergency worker acting in that role (an express requirement under the 2005 Act).
- The conduct did not amount to an assault, or to resisting, obstructing or hindering; exercising a legal right, such as staying silent in response to questions, is not obstruction in itself.
- Self-defence against force that was unlawful or excessive.
- Time bar: as summary-only statutory offences, proceedings must normally be started within six months of the incident (section 136 of the Criminal Procedure (Scotland) Act 1995).
Frequently asked questions
Is resisting arrest a crime in Scotland?
Yes. Under section 90(2) of the Police and Fire Reform (Scotland) Act 2012, it is an offence to resist, obstruct or hinder a constable or member of police staff acting in that capacity. Struggling, pulling away or running off during an arrest can be charged this way. The maximum penalty is 12 months' imprisonment and a fine of up to £10,000. If you think an arrest is unlawful, it can be challenged afterwards with the help of a solicitor, and physically resisting risks a separate charge.
Is refusing to answer police questions obstruction?
No. In Scotland you have the right to remain silent, and silence in a police interview is not in itself obstruction; Scots law has no rule allowing a court to draw an adverse inference from it. You must, however, give your name, address and certain other personal details if police lawfully require them under section 13 of the Criminal Procedure (Scotland) Act 1995, and refusing is an offence. Anyone held at a police station is entitled to free legal advice from a solicitor.
Who counts as an emergency worker in Scotland?
The Emergency Workers (Scotland) Act 2005 always protects police officers, Scottish Fire and Rescue Service staff carrying out emergency functions, Scottish Ambulance Service staff, doctors, nurses and midwives. Some other groups are protected when responding to emergency circumstances: prison officers, coastguards, lifeboat crew, and social workers and mental health officers acting under certain emergency orders. People assisting these workers are also protected. Doctors, nurses, midwives and ambulance staff are specifically protected in hospitals and their grounds.
Is spitting at a police officer or paramedic an assault?
Yes. Spitting at someone is treated as an assault in Scots law. Spitting at a police officer can be prosecuted under section 90(1) of the Police and Fire Reform (Scotland) Act 2012 or as common law assault, and spitting at a paramedic, nurse or firefighter can be charged under the Emergency Workers (Scotland) Act 2005. Courts regard attacks on public-facing workers seriously, and statutory aggravations, such as prejudice under the Hate Crime and Public Order (Scotland) Act 2021, can also be added if the evidence supports them.
Why might I be charged with common law assault instead of section 90?
Section 90 and the Emergency Workers Act offences can only be prosecuted summarily, with a maximum of 12 months' imprisonment. Where an officer or emergency worker is seriously injured, or a weapon is used, the Procurator Fiscal may instead charge common law assault, which can be prosecuted on indictment before a jury with much higher sentencing powers. The choice of charge is for the prosecutor, based on the evidence and seriousness. The fact that the complainer was working at the time remains relevant to how the case is viewed.
Official sources
Primary sources and official guidance on this topic, for anyone who wants to read the underlying rules directly.
- Police and Fire Reform (Scotland) Act 2012, section 90
- Emergency Workers (Scotland) Act 2005
- Criminal Procedure (Scotland) Act 1995, Part IX (summary proceedings, including section 136 time limit)
- COPFS: Lord Advocate's guidelines on the use of police direct measures for adult offenders
- Scottish Government: Scottish Crime Recording Standard, Group 1 (non-sexual crimes of violence)
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