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Crime and Punishment (Scotland) Act 1997

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This is the original version (as it was originally enacted).

61Confiscation of alcohol from persons under 18

(1)Where a constable has reasonable grounds for suspecting that a person in a public place—

(a)is under the age of 18; and

(b)is in possession of alcoholic liquor, within the meaning of the [1976 c. 66.] Licensing (Scotland) Act 1976,

he may require that person to surrender that liquor to him, and may dispose of it in such manner as he considers appropriate; and he may also require that person to supply him with his name and address.

(2)Where a constable has reasonable grounds for suspecting that a person of or over the age of 18 has alcoholic liquor in his possession in a public place and that that person—

(a)has supplied such liquor to a person under the age of 18 for consumption in a public place; or

(b)intends that that liquor should be consumed in a public place by a person under the age of 18,

the constable may require the person in possession of the liquor to surrender it to him, and may dispose of it in such manner as he considers appropriate; and he may also require that person to supply him with his name and address.

(3)Subject to subsection (4) below, it shall be an offence punishable on summary conviction by a fine not exceeding level 2 on the standard scale for a person to fail to comply with a requirement made under subsection (1) or (2) above.

(4)Where a constable makes a requirement such as is mentioned in subsection (1) or (2) above he shall inform the person concerned—

(a)of his suspicion; and

(b)of the fact that failure to comply with a requirement made under either of those provisions is an offence.

(5)A constable may arrest without warrant any person who fails to comply with a requirement made under subsection (1) or (2) above.

(6)In this section “public place” includes—

(a)any place to which the public have access for the time being (whether on payment of a fee or otherwise); and

(b)any place to which the public do not have access but to which the persons mentioned in subsection (1) or (2) have unlawfully gained access,

but does not include licensed premises within the meaning of the [1976 c. 66.] Licensing (Scotland) Act 1976.

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