Psychoactive Substances Act 2016 (c. 2)

Powers for dealing with prohibited activities

26 Offence of failing to comply with a prohibition order or premises order

(1) A person against whom a prohibition order or a premises order is made commits an offence by failing to comply with the order.

(2) A person guilty of an offence under this section is liable—

(a) on summary conviction in England and Wales—

(i) to imprisonment for a term not exceeding 12 months (or 6 months, if the offence was committed before the commencement of section 154(1) of the Criminal Justice Act 2003), or

(ii) to a fine,

or both;

(b) on summary conviction in Scotland—

(i) to imprisonment for a term not exceeding 12 months, or

(ii) to a fine not exceeding the statutory maximum,

or both;

(c) on summary conviction in Northern Ireland—

(i) to imprisonment for a term not exceeding 6 months, or

(ii) to a fine not exceeding the statutory maximum,

or both;

(d) on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine, or both.

(3) A person does not commit an offence under this section if—

(a) the person took all reasonable steps to comply with the order, or

(b) there is some other reasonable excuse for the failure to comply.