General
37Offences
(1)If without reasonable excuse a person remains on or enters premises—
(a)in contravention of a closure notice; or
(b)in respect of which a closure order has effect,
the person shall be guilty of an offence.
(2)If a person obstructs an authorised person acting in pursuance of section 31(1) the person shall be guilty of an offence.
(3)In subsection (2), “authorised person” has the meaning given by section 31(4).
(4)A person guilty of an offence under subsection (1) or (2) (a “relevant offence”) shall be liable on summary conviction—
(a)where the person has not, within the relevant period, been convicted of a previous offence under the same subsection—
(i)to a fine not exceeding level 4 on the standard scale; or
(ii)to imprisonment for a term not exceeding 3 months,
or to both;
(b)where the person has, within the relevant period, been convicted of a previous offence under the same subsection—
(i)to a fine not exceeding the statutory maximum; or
(ii)to imprisonment for a term not exceeding 9 months,
or to both.
(5)In subsection (4), “relevant period” means the period of 2 years ending with the day on which the relevant offence was committed.
38Offences under section 37: arrest without warrant
(1)Where a constable reasonably believes that a person is committing or has committed an offence under section 37(1) or (2), the constable may arrest the person without warrant.
(2)Subsection (1) is without prejudice to any power of arrest conferred by law apart from that subsection.
39Guidance in relation to closure of premises
A person (other than a court) shall, in discharging functions by virtue of this Part, have regard to any guidance given by the Scottish Ministers about—
(a)the discharge of those functions; or
(b)matters arising in connection with the discharge of those functions.