Part VI

MISCELLANEOUS AND GENERAL

Offensive weapons

Offence of having article with blade or point (or offensive weapon) on school premises.
49A
1
Any person who has an article to which section 49 of this Act applies with him on school premises shall be guilty of an offence.
2
Any person who has an offensive weapon within the meaning of section 47 of this Act with him on school premises shall be guilty of an offence.
3
It shall be a defence for a person charged with an offence under subsection (1) or (2) above to
show that the person had a reasonable excuse
or lawful authority for having the article or weapon with him on the premises in question.
4
Without prejudice to the generality of subsection (3) above, it shall be a defence for a person charged with an offence under subsection (1) or (2) above to
show
that he had the article or weapon in question with him—
a
for use at work,
b
for educational purposes,
c
for religious reasons, or
d
as part of any national costume.
5
A person guilty of an offence—
a
under subsection (1) above shall be liable—
i
on summary conviction to imprisonment for a term not exceeding
twelve
months, or a fine not exceeding the statutory maximum, or both;
ii
on conviction on indictment, to imprisonment for a term not exceeding
5
years, or a fine, or both;
b
under subsection (2) above shall be liable—
i
on summary conviction, to imprisonment for a term not exceeding six months, or a fine not exceeding the statutory maximum, or both;
ii
on conviction on indictment, to imprisonment for a term not exceeding
5
years, or a fine, or both.
6
In this section and section 49B of this Act, “
school premises
” means land used for the purposes of a school excluding any land occupied solely as a dwelling by a person employed at the school; and “
school
” has the meaning given by section 135(1) of the
Education (Scotland) Act 1980.
Ss. 49A, 49B inserted (1.9.1996) by 1996 c. 26, s. 4(3)(4); S.I. 1996/2071, art. 2
Words in s. 49A(3) substituted (13.12.2010 for specified purposes) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 37(4)(a), 206(1); S.S.I. 2010/413, art. 2, Sch.
Word in s. 49A(4) substituted (13.12.2010 for specified purposes) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 37(4)(b), 206(1); S.S.I. 2010/413, art. 2, Sch.
Word in s. 49A(5)(a)(i) substituted (1.9.2006) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), ss. 73(4), 104; S.S.I. 2006/432, art. 2(d)
1980 c. 44.
Word in s. 49A(5)(a)(ii) substituted (10.3.2016) by Criminal Justice (Scotland) Act 2016 (asp 1), ss. 84(4)(a), 117(2); S.S.I. 2016/95, art. 2 (with art. 3)
Word in s. 49A(5)(b)(ii) substituted (10.3.2016) by Criminal Justice (Scotland) Act 2016 (asp 1), ss. 84(4)(b), 117(2); S.S.I. 2016/95, art. 2 (with art. 3)