Part 2Public order etc.
Chapter 3Other provisions
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the words from “if” to the end are repealed.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arrest without warrant person suspected of contravening section 49(1) or 49A(1) or (2)), the following provisions are repealed—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the word “and” immediately following paragraph (b) is repealed; and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
”
.