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Antisocial Behaviour etc. (Scotland) Act 2004

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GeneralS

37OffencesS

(1)If without reasonable excuse a person remains on or enters premises—

(a)in contravention of a closure notice; or

(b)in respect of which a closure order has effect,

the person shall be guilty of an offence.

(2)If a person obstructs an authorised person acting in pursuance of section 31(1) the person shall be guilty of an offence.

(3)In subsection (2), “authorised person” has the meaning given by section 31(4).

(4)A person guilty of an offence under subsection (1) or (2) [F1shall be liable on summary conviction to imprisonment for a term not exceeding 12 months or to a fine not exceeding the prescribed sum within the meaning of section 225(8) of the Criminal Procedure (Scotland) Act 1995 (c. 46) or to both.]

(5)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

38Offences under section 37: arrest without warrantS

(1)Where a constable reasonably believes that a person is committing or has committed an offence under section 37(1) or (2), the constable may arrest the person without warrant.

(2)Subsection (1) is without prejudice to any power of arrest conferred by law apart from that subsection.

39Guidance in relation to closure of premisesS

A person (other than a court) shall, in discharging functions by virtue of this Part, have regard to any guidance given by the Scottish Ministers about—

(a)the discharge of those functions; or

(b)matters arising in connection with the discharge of those functions.

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