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Police, Public Order and Criminal Justice (Scotland) Act 2006

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This is the original version (as it was originally enacted).

Offensive weapons

73Increase in maximum term of imprisonment for certain offences

(1)The Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39) is amended as follows.

(2)In section 49(1)(a) (penalty on summary conviction for offence of possessing an article with a blade or point in a public place) for “six” there is substituted “twelve”.

(3)In section 49(1)(b) (penalty on indictment for offence of possessing an article with a blade or point in a public place), for “two” there is substituted “four”.

(4)In section 49A(5)(a)(i) (penalty on summary conviction for offence of possessing an article with a blade or point on school premises) for “six” there is substituted “twelve”.

(5)In section 49A(5)(a)(ii) (penalty on indictment for offence of possessing an article with a blade or point on school premises), for “two” there is substituted “four”.

74Amendment of requirements for exercise of certain powers of arrest

(1)The Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39) is amended as follows.

(2)In section 47(3) (power of constable to arrest without warrant person suspected of possessing an offensive weapon in a public place)—

(a)after “believe” where first occurring there is inserted “to have committed or”; and

(b)the words from “if” to the end are repealed.

(3)In section 48(3) (power of constable to arrest without warrant person suspected of obstructing search for offensive weapon), after “committed” there is inserted “or is committing”.

(4)In section 50(3) (power of constable to arrest without warrant person suspected of contravening section 49(1) or 49A(1) or (2)), the following provisions are repealed—

(a)paragraph (a) and the words “and the constable” immediately preceding it; and

(b)paragraph (b).

75Sale of knives and articles with blade or point to young persons

(1)Section 141A of the Criminal Justice Act 1988 (c. 33) (sale of knives etc. to persons under 16) is amended as follows.

(2)In subsection (1)—

(a)at the beginning there is inserted “Subject to subsection (3A) below”; and

(b)for “sixteen” there is substituted “eighteen”.

(3)In subsection (2)—

(a)the word “and” immediately following paragraph (b) is repealed; and

(b)after that paragraph there is inserted—

(ba)any sword; and.

(4)After subsection (3) there is inserted—

(3A)It is not an offence under subsection (1) to sell a knife or knife blade to a person if—

(a)the person is aged 16 or over; and

(b)the knife or blade is designed for domestic use..

(5)The side note to that section becomes “Sale of knives and certain articles with blade or point to persons under eighteen”.

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