Part 3

Weapons

Swords

Sale etc. of swords
61
1
The Criminal Justice Act 1988 (c. 33) is amended in accordance with subsections (2) and (3).
2
After section 141 insert—

Application of section 141 to swords: further provision
141ZA
1
This section applies where the Scottish Ministers make an order under subsection (2) of section 141 directing that the section shall apply to swords.
2
The Scottish Ministers may include in the order provision for or in connection with modifying section 141 in its application to swords.
3
The Scottish Ministers may in particular—
a
provide for defences (including in particular defences relating to religious, cultural or sporting purposes) to offences;
b
increase the penalties specified in subsection (1) of section 141 (or that subsection as modified) so as to make a person liable—
i
on conviction on indictment to imprisonment for a term not exceeding 2 years or to a fine or both;
ii
on summary conviction to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or both;
c
create an offence (punishable on summary conviction only and subject to a penalty which is no greater than that mentioned in subsection (6)) relating to the provision, without reasonable excuse, of false information by a person acquiring a sword in circumstances specified in the order.
4
In making provision under subsection (3)(a) the Scottish Ministers may make provision for or in connection with—
a
the granting, and revocation, by them of authorisations in relation to the acquisition of swords;
b
enabling them to specify conditions in such authorisations;
c
requiring persons to whom authorisations are granted to comply with such conditions;
d
making it an offence (punishable on summary conviction only and subject to a penalty which is no greater than that mentioned in subsection (6)) to fail to comply with any such conditions.
5
Defences specified under subsection (3)(a) may relate to swords in general or to a class, or classes, of sword specified in the order.
6
The penalty is—
a
imprisonment for a term not exceeding 12 months; or
b
a fine not exceeding level 5 on the standard scale,
or both.
7
The power conferred by subsection (2) is without prejudice to the generality of the power conferred by section 141(11G).
.
3
In subsection (4) of section 172 (extent), after “124” insert—
section 141ZA;
.