Education (Scotland) Act 1980

43 Prosecutions and penalties

(1) Any person guilty of an offence against section 35, 41 or 42 of this Act shall be liable, on conviction by a court of summary jurisdiction, in the case of a first conviction to a fine not exceeding £50, in the case of a second conviction, whether in respect of the same or of another child, to a fine not exceeding £50, and in the case of a third or subsequent conviction, whether in respect of the same or of another child, to a fine not exceeding £50 or to imprisonment for a term not exceeding one month or to both such fine and such imprisonment.

(2) Proceedings under this section may be taken at the instance either of the public prosecutor of the court of summary jurisdiction in which the proceedings are to be taken or of another person authorised by the education authority to institute proceedings on their behalf.