Obstruction: common offences
Updated 21 February 2024
Applies to England
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This publication is available at https://www.gov.uk/government/publications/offence-response-options-environment-agency/obstruction-common-offences
1. Environment Act 1995
Section 110(1):
Obstruction of Environment Agency officer.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
The civil sanction we can impose is:
- variable monetary penalty
Section 110(2)(a):
Failure to comply with any requirement imposed under Section 108.
Summary only. The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
The civil sanction we can impose is:
- variable monetary penalty
Section 110(2)(b):
Failure or refusal to provide facilities or assistance reasonably required by an Environment Agency officer.
Summary only. The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
The civil sanction we can impose is:
- variable monetary penalty
Section 110(2)(c):
Prevent any other person from appearing before or from answering any questions to an Environment Agency officer.
Summary only. The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
The civil sanction we can impose is:
- variable monetary penalty
Section 110(3):
Falsely pretend to be an authorised person.
Summary only. The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
The civil sanction we can impose is:
- variable monetary penalty
Section 110(3A):
Contravene without a reasonable excuse, a restriction notice issued under Section 109A.
Summary only. The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Section 110(3B):
Contravene without a reasonable excuse, a restriction order made under Section 109D, 109F, 109G or 109I.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Section 110(3C):
Remove, without reasonable excuse, a copy of a S109H(1) restriction order fixed to a normal means of access to premises.
Summary only. The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
2. Water Resources Act 1991 (WRA)
Section 173 and Schedule 20, paragraph 7 WRA:
Obstructing an Environment Agency officer exercising powers of entry.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
The civil sanction we can impose is:
- variable monetary penalty
Section 174
Impersonating an Environment Agency officer.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Section 206(1):
Making a false or misleading statement when furnishing information or making an application.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
The civil sanction we can impose is:
- variable monetary penalty
Section 206(3A):
Intentionally makes a false entry in any record required to be kept by virtue of a consent.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
The civil sanction we can impose is:
- variable monetary penalty
3. Public Order Act 1986
Section 4
Using threatening, abusive or insulting words or behaviour with intent so as to cause another to believe that immediate unlawful violence will be used against him or another.
Summary only. The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Section 5:
Within the hearing or sight of a person likely to be caused harassment, alarm or distress - using threatening, abusive or insulting words or behaviour or disorderly behaviour or displays any writing, sign or other visible representation which is threatening, abusive or insulting.
Summary only. The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution