(3) A person who without reasonable excuse obstructs a person acting under section 23(1) commits an offence.
(4) A person guilty of an offence under subsection (2) or (3) is liable—
- (a) on summary conviction in England and Wales, to either or both of the following—
- (i) imprisonment for a term not exceeding 51 weeks (or 6 months, if the offence was committed before the commencement of section 281(5) of the Criminal Justice Act 2003);
- (ii) a fine;
- (b) on summary conviction in Scotland, to either or both of the following—
- (i) imprisonment for a term not exceeding 12 months;
- (ii) a fine not exceeding level 5 on the standard scale;
- (c) on summary conviction in Northern Ireland, to either or both of the following—
- (i) imprisonment for a term not exceeding 6 months;
- (ii) a fine not exceeding level 5 on the standard scale.
28Variation and discharge on application
(1) The court may vary or discharge a prohibition order or a premises order on the application of—
- (a) the person who applied for the order (if any),
- (b) the person against whom the order was made, or
- (c) any other person who is significantly adversely affected by the order.
(2) Where a prohibition order is made under section 19, the court may also vary or discharge the order on the application of—
- (a) in the case of an order made in England and Wales, the chief officer of police for a police area or the chief constable of the British Transport Police Force;
- (b) in the case of an order made in Scotland, the Lord Advocate or a procurator fiscal;
- (c) in the case of an order made in Northern Ireland, the chief constable of the Police Service of Northern Ireland;
- (d) in the case of an order made in England and Wales or Northern Ireland, the Director General of the National Crime Agency;
- (e) in the case of an order made in England and Wales or Northern Ireland, the Secretary of State by whom general customs functions are exercisable.
(3) Subsection (4) applies where— (a) a prohibition order or a premises order imposes an access prohibition (see section 22(6)), and (b) an application for the variation of the order is made by the person who applied for the order, or by a person mentioned in subsection (2), before the expiry of the period for which the access prohibition has effect.
(4) Where this subsection applies, the court may vary the order by extending (or further extending) the period for which the access prohibition has effect.
(5) The period for which an access prohibition has effect may not be extended so that it has effect for more than 6 months.
