23P Offences arising from breach of requirements under sections 23M and 23N
(1) A person mentioned in paragraph (a) of subsection (1) of section 23M of this Act who, having been required—
(a) under that subsection to give the information mentioned in subsection (2) of that section;
(b) under subsection (3) of that section to remain with an officer; or
(c) under subsection (1) of section 23N of this Act to provide that person's fingerprints or a record such as is mentioned in paragraph (b) of that subsection,
fails, without reasonable excuse, to do so, shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(2) A person mentioned in paragraph (b) of subsection (1) of section 23M of this Act who, having been required under that subsection to give the information mentioned in subsection (2) of that section, fails, without reasonable excuse, to do so, shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
26 Detention in connection with certain drug smuggling offences.
(1) Where an officer has reasonable grounds for suspecting—
(a) that a person has committed or is committing a relevant offence; and
(b) that, in connection with the commission of such an offence, a controlled drug is secreted in the person’s body,
a superior officer may, notwithstanding that the person has been or is being detained in pursuance of any other enactment or subordinate instrument, authorise the detention of the person at a an office of Revenue and Customs or other premises in accordance with this section.
(2) Subject to subsection (7) below, where a person is detained under subsection (1) above or is further detained in pursuance of a warrant under subsection (4) below he shall—
(a) provide such specimens of blood or urine for analysis;
(b) submit to such intimate searches, to be carried out by a registered medical practitioner;
(c) submit to such other test or examinations prescribed by the Secretary of State by regulations made under this paragraph to be carried out by, or under the supervision of, a registered medical practitioner,
as the officer may reasonably require; and regulations under paragraph (c) above shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
(3) Subject to subsection (4) below, detention under subsection (1) above shall be terminated not more than 24 hours after it begins, or (if earlier)—
(a) when the person is arrested;
(b) when he is detained in pursuance of any other enactment or subordinate instrument; or
(c) where there are no longer such grounds as are mentioned in subsection (1),
and, when a person has been detained under subsection (1), he shall, unless further detained in pursuance of a warrant under subsection (4) below, be informed immediately upon the termination of his detention in accordance with this subsection that his detention has been terminated.
(4) Where a person is detained under subsection (1) above and either—
(a) he has failed or refused—
(i) to provide a specimen in pursuance of paragraph (a) of subsection (2) above; or
(ii) to submit to any search, test or examination referred to in paragraph (b) or (c) of that subsection; or
(b) as a result of anything done in pursuance of the said subsection (2) the officer continues to have reasonable grounds for suspecting—
(i) that the person has committed or is committing a relevant offence; and
(ii) that a controlled drug is secreted in the person’s body,
the procurator fiscal may, at the request of a superior officer, apply to the sheriff for a warrant for the further detention of the person at a an office of Revenue and Customs or other premises for an additional period of not more than 7 days; and if the sheriff is satisfied that there has been such failure or refusal as is mentioned in paragraph (a) above or, as the case may be, that there are reasonable grounds as mentioned in paragraph (b) above he may grant a warrant for such further detention.
(5) Detention in pursuance of a warrant under subsection (4) above shall be terminated at the end of the period of 7 days mentioned in that subsection or (if earlier)—
(a) when the person is arrested;
(b) when he is detained in pursuance of any other enactment or subordinate instrument; or
(c) where there are no longer such grounds as are mentioned in paragraph (b) of that subsection,
and when a person has been detained in pursuance of a warrant under subsection (4), he shall be informed immediately on the termination of his detention in accordance with this subsection that his detention has been terminated.
(6) Subject to subsection (7) below, the question whether it is to be a specimen of blood or a specimen of urine which is to be provided in pursuance of subsection (2) above shall be decided by the officer making the requirement.
(7) A person may be required, in pursuance of subsection (2) above—
(a) to provide a specimen of blood; or
(b) to submit to any search, test or examination,
only if a registered medical practitioner is of the opinion that there are no medical reasons for not making such a requirement; and, if a requirement to provide a specimen of blood is made, the specimen may be taken only by a registered medical practitioner.
(7A) An officer may use reasonable force in exercising any power conferred by this section, except as regards a requirement under subsection (2).
(7B) Sections 3 and 6(1), (2) and (8) of the Criminal Justice (Scotland) Act 2016 (giving and recording of information) apply in relation to a person detained by an officer under this section in connection with the commission of a relevant offence as they apply in relation to a person arrested by the officer in respect of that offence.
(7C) Sections 31 to 34 and 38 to 44 of that Act (questioning, and intimation and access to others) apply in relation to a person detained under this section in connection with the commission of a relevant offence as they apply in relation to a person in custody following arrest by an officer in respect of that offence.
(7D) A person may not be detained under this section on any grounds if the person has been detained under this section before on the same grounds or on grounds arising out of the same circumstances.
(11) In this section—
“controlled drug” has the meaning assigned by section 2 of the Misuse of Drugs Act 1971
“intimate search” means a search which consists of the physical examination of a persons’s body orifices;
“relevant offence” means an offence involving a controlled drug under any of the following provisions of the Customs and Excise Management Act 1979—
section 50(2) or (3) (importation etc. of prohibited goods);
section 68(2) (exportation etc. of prohibited goods);
section 170(1) (possession or dealing with prohibited goods);
section 170(2) (being concerned in evasion or attempt at evasion of a prohibition);
“superior officer” means an officer whose title is specified for the purposes of this section by the Treasury in an order made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
(1) In this Part of this Act—
“authorised officer” means an officer acting with the authority (which may be general or specific) of the Commissioners for Her Majesty's Revenue and Customs;
...
...
...
“office of Revenue and Customs” means premises wholly or partly occupied by Her Majesty's Revenue and Customs; and
“officer” means an officer of Revenue and Customs;
(2) In any proceedings (whether civil or criminal) under or arising from this Part of this Act—
(a) a certificate of the Commissioners for Her Majesty's Revenue and Customs that an officer of Revenue of Customs, ...
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
had authority to exercise a power or function conferred by a provision of this Part shall be conclusive proof of that fact.
26C Investigations by designated customs officials
(1) In the application of this Part of this Act to investigations conducted by designated customs officials—
(a) references to an officer are to a designated customs official;
(b) references to an authorised officer are to a designated customs official acting with the authority (which may be general or specific) of—
(i) the Secretary of State in relation to investigations relating to general customs matters, or
(ii) the Director of Border Revenue in relation to investigations relating to customs revenue matters;
(c) references to the Commissioners for Her Majesty's Revenue and Customs are to—
(i) the Secretary of State in relation to investigations relating to general customs matters, or
(ii) the Director of Border Revenue in relation to investigations relating to customs revenue matters;
(d) references to an office of Revenue and Customs are to premises wholly or partly occupied by designated customs officials;
(e) references to a superior officer are to—
(i) an immigration officer not below the grade of Inspector,
(ii) a person of the grade of Senior Executive Officer, or
(iii) a person of a grade equivalent to that within sub-paragraph (i) or (ii).
(2) In this section “customs revenue matter”, “designated customs official” and “general customs matter” have the meanings given by Part 1 of the Borders, Citizenship and Immigration Act 2009.
(1) Where it appears to the Lord Advocate—
(a) that a suspected offence may involve serious or complex fraud; and
(b) that, for the purpose of investigating the affairs or any aspect of the affairs of any person, there is good reason to do so,
he may give a direction under this section.
(2) The Lord Advocate may also give a direction under this section by virtue of section 15(4) of the Crime (International Co-operation) Act 2003 or on a request made by the Attorney-General of the Isle of Man, Jersey or Guernsey acting under legislation corresponding to this Part of this Act.
(3) Where a direction is given under this section, this Part of this Act shall apply as regards the investigation of the offence; and any person (other than a constable) nominated by the Lord Advocate either generally or in respect of a particular case (in this Part of this Act referred to as “a nominated officer”) shall be entitled to exercise the powers and functions conferred by this Part of this Act.
(4) A direction under this section shall be signed by the Lord Advocate.
(1) A nominated officer may by notice in writing require the person whose affairs are to be investigated (“the person under investigation”) or any other person who he has reason to believe has relevant information to answer questions or otherwise furnish information with respect to any matter relevant to the investigation at a specified place and either at a specified time or forthwith.
(2) A nominated officer may by notice in writing require the person under investigation or any other person to produce at such place as may be specified in the notice and either forthwith or at such time as may be so specified any specified documents which appear to a nominated officer to relate to any matter relevant to the investigation or any documents of a specified description which appear to him so to relate; and—
(a) if any such documents are produced, a nominated officer may—
(i) take copies or extracts from them;
(ii) require the person producing them to provide an explanation of any of them;
(b) if any such documents are not produced, a nominated officer may require the person who was required to produce them to state, to the best of his knowledge and belief, where they are.
(3) Where, on a petition presented by the procurator fiscal, the sheriff is satisfied, in relation to any documents, that there are reasonable grounds for believing—
(a) that—
(i) a person has failed to comply with an obligation under this section to produce them;
(ii) it is not practicable to serve a notice under subsection (2) above in relation to them; or
(iii) the service of such a notice in relation to them might seriously prejudice the investigation; and
(b) that they are on premises specified in the petition,
he may issue such a warrant as is mentioned in subsection (4) below.
(4) The warrant referred to in subsection (3) above is a warrant authorising a constable together with any other persons named in the warrant—
(a) to enter (using such force as is reasonably necessary for the purpose) and search the premises; and
(b) to take possession of any documents appearing to be documents of the description specified in the petition or to take in relation to any documents so appearing any other steps which may appear to be necessary for preserving them and preventing interference with them.
(5) A statement by a person in response to a requirement imposed by virtue of this section may only be used in evidence against him—
(a) in a prosecution for an offence under section 44(2) of this Act; or
(b) in a prosecution for some other offence where in giving evidence he makes a statement inconsistent with it.
(5A) However, the statement may not be used against that person by virtue of paragraph (b) of subsection (5) unless evidence relating to it is adduced, or a question relating to it is asked, by or on behalf of that person in the proceedings arising out of the prosecution.
(6) A person shall not under this section be required to disclose any information or produce any document which is an item subject to legal privilege within the meaning of section 33 of this Act; except that a lawyer may be required to furnish the name and address of his client.
(7) No person shall be bound to comply with any requirement imposed by a person exercising power by virtue of a nomination under section 27(3) of this Act unless he has, if required to do so, produced evidence of his authority.
(8) Any evidence obtained by virtue of section 27(2) of this Act shall be given to the overseas authority which requested it or to the Lord Advocate for forwarding to that authority
(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10) Where any evidence obtained by virtue of section 4(2B) of the said Act of 1990 consists of a document, the original or a copy shall be forwarded and where it consists of any other article, the article itself or a description, photograph or other representation of it shall be forwarded, as may be necessary in order to comply with the relevant request.
(11) In this section—
“documents” includes information recorded in any form and, in relation to information recorded otherwise than in legible form, references to its production include references to producing a copy of the information in legible form;
“evidence”, in relation to a relevant request, includes documents and other articles; and
“premises” has the same meaning as in section 33 of this Act.
(12) This section and sections 27 and 29 of this Act shall apply to England and Wales and Northern Ireland; and for the purposes of such application any reference—
(a) to the sheriff shall be construed as a reference to a justice of the peace; and
(b) to a petition presented by the procurator fiscal shall be construed—
(i) in England and Wales as a reference to an information laid by a nominated officer;
(ii) in Northern Ireland as a reference to a complaint laid by a nominated officer.
29 Offences in relation to investigations under section 28.
(1) Where any person—
(a) knows or suspects that an investigation under section 28 of this Act is being carried out or is likely to be carried out; and
(b) falsifies, conceals, destroys or otherwise disposes of, or causes or permits the falsification, concealment, destruction or disposal of documents which he knows or suspects or has reasonable grounds to suspect are or would be relevant to such an investigation,
he shall be guilty of an offence.
(2) In proceedings against a person for an offence under subsection (1) above, it shall be a defence to prove—
(a) that he did not know or suspect that by acting as he did he was likely to prejudice the investigation; or
(b) that he had lawful authority or reasonable excuse for acting as he did.
(3) A person guilty of an offence under subsection (1) above shall be liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding seven years or to a fine or to both; and
(b) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both.
(4) Any person who fails to comply with a requirement imposed on him under the said section 28 shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both.
(5) In proceedings against a person for an offence under subsection (4) above, it shall be a defence to prove that he had a reasonable excuse for acting as he did.
(1) Where any information to which section 18 of the Commissioners for Revenue and Customs Act 2005 would apply but for section 18(2) has been disclosed by Her Majesty’s Revenue and Customs for the purposes of any prosecution of an offence relating to a former Inland Revenue matter, that information may be disclosed by the Lord Advocate for the purposes of any prosecution of an offence—
(a) in respect of which a direction has been given under section 27(1)(a) of this Act; or
(b) relating to inland revenue,
but not otherwise.
(2) Where any information is subject to an obligation of secrecy imposed by or under any enactment and is not information to which section 18 of the Commissioners for Revenue and Customs Act 2005 would apply but for section 18(2), the obligation shall not have effect to prohibit the disclosure of that information to a nominated officer but any information disclosed by virtue of this subsection may only be disclosed by the Lord Advocate for the purpose of a prosecution in Scotland or elsewhere.
(3) Without prejudice to his power to enter into an agreement apart from this subsection, the Lord Advocate may enter into an agreement for the supply of information to or by him subject, in either case, to an obligation not to disclose the information concerned otherwise than for a specified purpose.
(4) Subject to subsections (1) and (2) above and to any provision of an agreement for the supply of information which restricts the disclosure of the information supplied, information obtained by a nominated officer may be disclosed—
(a) to any government department, or any Northern Ireland Department, or other authority or body discharging its functions on behalf of the Crown (including the Crown in right of Her Majesty’s Government in Northern Ireland);
(b) to any competent authority;
(c) for the purposes of any prosecution in Scotland or elsewhere; and
(d) for the purposes of assisting any public or other authority for the time being designated for the purpose of this paragraph by an order made by the Secretary of State to discharge any functions which are specified in the order.
(5) The following are competent authorities for the purposes of subsection (4) above—
(a) an inspector appointed under Part XIV of the Companies Act 1985 . . . ;
(b) the Accountant in Bankruptcy;
(c) an Official Receiver;
(d) the Official Receiver for Northern Ireland;
(e) a person appointed under—
(i) section 167 of the Financial Services and Markets Act 2000 (general investigations),
(ii) section 168 of that Act (investigations in particular cases),
(iii) section 169(1)(b) of that Act (investigation in support of overseas regulator),
(iv) section 284 of that Act (investigations into affairs of certain collective investment schemes), or
(v) regulations made as a result of section 262(2)(k) of that Act (investigations into open-ended investment companies),
to conduct an investigation;
(f) a body corporate established in accordance with section 212(1) of the Financial Services and Markets Act 2000 (compensation scheme manager);
(6) An order under subsection (4)(d) above may impose conditions subject to which, and otherwise restrict the circumstances in which, information may be disclosed under that paragraph.
(7) In subsection (1) above “former Inland Revenue matter” means a matter listed in Schedule 1 to the Commissioners for Revenue and Customs Act 2005 except for paragraphs 2, 10, 13, 14, 15, 17, 19, 28, 29 and 30.
(1) Without prejudice to section 211(7) of the Criminal Procedure (Scotland) Act 1995 (fines) but subject to section 10(3)(a) of the Proceeds of Crime (Scotland) Act 1995, where a person is convicted on indictment of an offence to which this section relates and sentenced in respect of that offence to a period of imprisonment or detention, the Court where—
(a) paragraph (b) below does not apply shall, unless it is satisfied that for any reason it would be inappropriate to do so, also impose a fine;
(b) it makes a confiscation order under section 1(1) of the Proceeds of Crime (Scotland) Act 1995 as regards the person, may also impose a fine.
(2) In determining the amount of a fine imposed under paragraph (a) of subsection (1) above, the Court shall have regard to any profits likely to have been made by the person from the crime in respect of which he has been convicted.
(3) This section relates to an offence which is a drug trafficking offence within the meaning of the said last mentioned Act of 1995.
(4) Where in any proceedings a fine has been imposed by virtue of subsection (1) above as regards a person and a period of imprisonment or detention is imposed on him in default of payment of its amount (or as the case may be of an instalment thereof), that period shall run from the expiry of any other period of imprisonment or detention (not being one of life imprisonment or detention for life) imposed on him in the proceedings.
(5) The reference in subsection (4) above to “any other period of imprisonment or detention imposed” includes (without prejudice to the generality of the expression) a reference to such a period imposed on default of payment of a fine (or instalment thereof) or of a confiscation order (or instalment thereof); but only where that default has occurred before the warrant for imprisonment is issued for the default in relation to the fine imposed by virtue of subsection (1) of this section.
(1) In this Part of this Act (except where the context otherwise requires)—
“authorised government department” means a government department which is an authorised department for the purposes of the Crown Proceedings Act 1947;
“confiscation order” means an order under section 1(1), 11(4), 12(3) or 13 of the Proceeds of Crime (Scotland) Act 1995; and
“drug trafficking” has the same meaning as in the said Act of 1995.
(2) This Part of this Act shall (except where the context otherwise requires) be construed as one with the Criminal Procedure (Scotland) Act 1995.
(3) This Part of this Act applies to property whether it is situated in Scotland or elsewhere.
(4) References in this Part of this Act—
(a) to offences include a reference to offences committed before the commencement of section 1 of the Criminal Justice (Scotland) Act 1987; but nothing in this Act imposes any duty or confers any power on any court in or in connection with proceedings against a person for an offence to which that section relates instituted before the commencement of that section;
(b) to anything received in connection with drug trafficking include a reference to anything received both in that connection and in some other connection; and
(c) to property held by a person include a reference to property vested in the interim or permanent trustee in his sequestration or in his trustee in bankruptcy or liquidator.
(1) Any person who—
(a) is required or authorised by law to make a statement on oath for any purpose; and
(b) being lawfully sworn, wilfully makes a statement which is material for that purpose and which he knows to be false or does not believe to be true,
shall be guilty of an offence and liable on conviction to imprisonment for a term not exceeding five years or to a fine or to both such fine and imprisonment.
(2) Any person who knowingly and wilfully makes, otherwise than on oath, a statement false in a material particular, and the statement is made—
(a) in a statutory declaration; or
(b) in an abstract, account, balance sheet, book, certificate, declaration, entry, estimate, inventory, notice, report, return or other document which he is authorised or required to make, attest or verify by, under or in pursuance of any public general Act of Parliament for the time being in force; or
(c) in any oral declaration or oral answer which he is authorised or required to make by, under or in pursuance of any public general Act of Parliament for the time being in force; or
(d) in any declaration not falling within paragraph (a), (b), or (c) above which he is required to make by an order under section 2 of the Evidence (Proceedings in Other Jurisdictions) Act 1975,
shall be guilty of an offence and liable on conviction to imprisonment for a term not exceeding two years or to a fine or to both such fine and imprisonment.
(3) Any person who—
(a) procures or attempts to procure himself to be registered on any register or roll kept under or in pursuance of any Act of Parliament for the time being in force of persons qualified by law to practise any vocation or calling; or
(b) procures or attempts to procure a certificate of the registration of any person on any such register or roll,
by wilfully making or producing or causing to be made or produced either verbally or in writing, any declaration, certificate or representation which he knows to be false or fraudulent, shall be guilty of an offence and be liable on conviction to imprisonment for a term not exceeding 12 months or to a fine or to both such fine and imprisonment.
(4) Subsection (2) above applies to any oral statement made for the purpose of any entry in a register kept in pursuance of any Act of Parliament as it applies to the statements mentioned in that subsection.
(1) Any person who aids, abets, counsels, procures or suborns another person to commit an offence against section 44 of this Act shall be liable to be proceeded against, indicted, tried and punished as if he were a principal offender
(2) Any person who incites or attempts to procure or suborn another person to commit an offence against that section shall be guilty of an offence and be liable on conviction to imprisonment or to a fine or to both such fine and imprisonment.
(3) Nothing in section 44 and 46(1) of this Act and subsections (1) and (2) above shall affect the common law relating to the crime of perjury or to any crime or offence involving falsehood, fraud or wilful imposition, or the liability of any person to be prosecuted for any such crime or offence, provided that no person shall be liable in respect of the same matter to be punished both at common law and under these sections.
(4) Where the making of a false statement is not only an offence under the said sections 44 or 46(1) or under subsection (1) or (2) above, but also by virtue of some other Act is a corrupt practice or subjects the offender to any forfeiture or disqualification or to any penalty other than imprisonment or a fine, the liability of the offender under these sections shall be in addition to and not in substitution for his liability under such other Act.
(5) Where the making of a false statement is by any other Act whether passed before or after the commencement of this Act, made punishable on summary conviction, proceedings may be taken either under such other Act or under this Act.
(1) For the purposes of any proceedings at common law for perjury or of any proceedings for a contravention of section 44(1) of this Act—
(a) the forms and ceremonies used in administering an oath shall be immaterial if the court or person before whom the oath is taken has power to administer an oath for the purpose of verifying the statement in question, and if the oath has been administered in a form and with ceremonies which the person taking the oath has accepted without objection or has declared to be binding on him;
(b) an affirmation or declaration made in lieu of an oath shall be of the like effect in all respects as if it had been made on oath.
(2) Where an offence against section 44 of this Act is committed in any place outside the United Kingdom, the offender may be proceeded against, tried and punished in any place in Scotland where he was apprehended or is in custody as if the offence had been committed in that place; and for all purposes incidental to or consequential on the trial or punishment of the offence, it shall be deemed to have been committed in that place.
(3) Any summary criminal proceedings for an offence against section 44 of this Act may, notwithstanding anything in the Criminal Procedure (Scotland) Act 1995, be commenced at any time within one year from the date of the commission of the offence, or within three months from the date when evidence sufficient in the opinion of the Lord Advocate to justify the proceedings comes to his knowledge whichever period last expires; and for the purposes of this section a certificate purporting to be signed by or on behalf of the Lord Advocate as to the date on which such evidence as aforesaid came to his knowledge shall be conclusive evidence thereof.
(4) In sections 44 and 45 of this Act and in this section, the expression “statutory declaration” means a declaration made by virtue of the Statutory Declarations Act 1835 or of any enactment (including subordinate legislation) applying or extending the provisions of that Act.
(1) A person who counterfeits or falsifies a specified monetary instrument with the intention that it be uttered as genuine is guilty of an offence.
(2) A person who has in his custody or under his control, without lawful authority or excuse—
(a) anything which is, and which he knows or believes to be, a counterfeited or falsified specified monetary instrument; or
(b) any machine, implement or computer programme, or any paper or other material, which to his knowledge is specially designed or adapted for the making of a specified monetary instrument,
is guilty of an offence.
(3) For the purposes of subsections (1) and (2)(a) above, it is immaterial that the specified monetary instrument (or purported specified monetary instrument) is not in a fit state to be uttered or that the counterfeiting or falsifying of it has not been finished or perfected.
(4) A person guilty of an offence under this section is liable on summary conviction—
(a) to a fine not exceeding the statutory maximum;
(b) to imprisonment for a term not exceeding six months; or
(c) both to a fine and to such imprisonment.
(5) A person guilty of an offence—
(a) under subsection (1) above is liable on conviction on indictment—
(i) to a fine;
(ii) to imprisonment for a term not exceeding ten years; or
(iii) both to a fine and to such imprisonment;
(b) under subsection (2) above is liable on conviction on indictment—
(i) to a fine;
(ii) if it is proved that the offence was committed with the intention that the specified monetary instrument in question be uttered (or as the case may be that a specified monetary instrument be uttered), to imprisonment for a term not exceeding ten years and if it is not so proved, to imprisonment for a term not exceeding two years; or
(iii) both to a fine and to imprisonment for a term not exceeding ten years, if it is proved as mentioned in sub-paragraph (ii) above, or both to a fine and to imprisonment for a term not exceeding two years if it is not so proved.
(6) Where an offence under this section which has been committed—
(a) by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of that body; or
(b) by a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a member of that partnership,
or by any person who was purporting to act in any such capacity, he as well as the body corporate, or as the case may be the partnership, is guilty of that offence and is liable to be proceeded against and punished accordingly.
(7) Where the affairs of a body corporate are managed by its members, subsection (6) above applies in relation to the actings and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
(8) In subsections (1) to (5) above, “specified” means for the time being specified for the purposes of this section, by order made by the Scottish Ministers.
(9) The power to make an order under subsection (8) above—
(a) includes power to make such incidental, supplemental, transitional or transitory provision as the Scottish Ministers think necessary or expedient; and
(b) is exercisable by statutory instrument.
(10) A statutory instrument containing such an order is subject to annulment in pursuance of a resolution of the Scottish Parliament.
47 Prohibition of the carrying of offensive weapons.
(1) Any person who . . . has with him in any public place any offensive weapon shall be guilty of an offence, and shall be liable—
(a) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum, or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine, or both.
(1A) It is a defence for a person charged with an offence under subsection (1) to show that the person had a reasonable excuse or lawful authority for having the weapon with the person in the public place.
(2) Where any person is convicted of an offence under subsection (1) above the court may make an order for the forfeiture or disposal of any weapon in respect of which the offence was committed.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) In this section—
“offensive weapon” means any article—
made or adapted for use for causing injury to a person, or
intended, by the person having the article, for use for causing injury to a person by—
the person having it, or
some other person,
“public place” means any place other than—
domestic premises,
school premises (within the meaning of section 49A(6)),
a prison (within the meaning of section 49C(7)),
“domestic premises” means premises occupied as a private dwelling (including any stair, passage, garden, yard, garage, outhouse or other appurtenance of such premises which is not used in common by the occupants of more than one such dwelling).
(1) Where a constable has reasonable grounds for suspecting that any person is carrying an offensive weapon and has committed or is committing an offence under section 47 of this Act, the constable may search that person without warrant, and detain him for such time as is reasonably required to permit the search to be carried out; and he shall inform the person of the reason for such detention.
(2) Any person who—
(a) intentionally obstructs a constable in the exercise of the constable’s powers under subsection (1) above; or
(b) conceals from a constable acting in the exercise of those powers an offensive weapon,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) In this section, “offensive weapon” has the same meaning as in the said section 47.
49 Offence of having in public place article with blade or point.
(1) Subject to subsections (4) and (5) below, any person who has an article to which this section applies with him in a public place shall be guilty of an offence and liable—
(a) on summary conviction, to imprisonment for a term not exceeding twelve months or a fine not exceeding the statutory maximum or both; and
(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine or both.
(2) Subject to subsection (3) below, this section applies to any article which has a blade or is sharply pointed.
(3) This section does not apply to a folding pocketknife if the cutting edge of its blade does not exceed three inches (7.62 centimetres).
(4) It shall be a defence for a person charged with an offence under subsection (1) above to show that the person had a reasonable excuse or lawful authority for having the article with him in the public place.
(5) Without prejudice to the generality of subsection (4) above, it shall be a defence for a person charged with an offence under subsection (1) above to show that he had the article with him—
(a) for use at work;
(b) for religious reasons; or
(c) as part of any national costume.
(6) Where a person is convicted of an offence under subsection (1) above the court may make an order for the forfeiture of any article to which the offence relates, and any article forfeited under this subsection shall (subject to section 193 of the Criminal Procedure (Scotland) Act 1995 (suspension of forfeiture etc, pending appeal)) be disposed of as the court may direct.
(7) In this section, “public place” has the same meaning as in section 47(4).
49A Offence of having article with blade or point (or offensive weapon) on school premises.
(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.
49B Power of entry to search for articles with a blade or point and offensive weapons.
(1) A constable may enter school premises and search those premises and any person on those premises for—
(a) any article to which section 49 of this Act applies, or
(b) any offensive weapon within the meaning of section 47 of this Act,
if he has reasonable grounds for suspecting that an offence under section 49A of this Act is being, or has been, committed.
(2) If in the course of a search under this section a constable discovers an article or weapon which he has reasonable grounds for believing to be an article or weapon of a kind described in subsection (1) above, he may seize it.
(3) The constable may use reasonable force, if necessary, in the exercise of the power of entry conferred by this section.
49C Offence of having offensive weapon etc. in prison
(1) Any person who has with him in a prison—
(a) an offensive weapon, or
(b) any other article which has a blade or is sharply pointed,
commits an offence.
(2) It is a defence for a person charged with an offence under subsection (1) to show that the person had a reasonable excuse or lawful authority for having the weapon or other article with him in the prison.
(3) A defence under subsection (2) includes, in particular, a defence that the person had the weapon or other article with him in prison—
(a) for use at work,
(b) for religious reasons, or
(c) as part of any national costume.
(4) Where a person is convicted of an offence under subsection (1), the court may make an order for the forfeiture of any weapon or other article to which the offence relates.
(5) Any weapon or other article forfeited under subsection (4) is, subject to section 193 of the Criminal Procedure (Scotland) Act 1995 (c. 46), to be disposed of as the court may direct.
(6) A person guilty of an offence under subsection (1) is liable—
(a) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum or both,
(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine or both.
(7) In this section—
“offensive weapon” has the meaning given by section 47(4),
“prison” includes—
any prison other than a naval, military or air force prison,
...
a young offenders institution (within the meaning of paragraph (b) of that subsection), and
secure accommodation within the meaning of section 93(1) of the Children (Scotland) Act 1995 (c. 36).
50 Extension of constable’s power to stop, search and arrest without warrant.
(1) Where a constable has reasonable grounds for suspecting that a person has with him an article to which section 49 of this Act applies and has committed or is committing an offence under subsection (1) of that section, the constable may search that person without warrant and detain him for such time as is reasonably required to permit the search to be carried out.
(2) A constable who detains a person under subsection (1) above shall inform him of the reason for his detention.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) Any person who—
(a) intentionally obstructs a constable in the exercise of the constable’s powers under subsection (1) above; or
(b) conceals from a constable acting in the exercise of those powers an article to which section 49 of this Act applies,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Criminal resetting of property shall not be limited to the receiving of property taken by theft or robbery, but shall extend to the receiving of property appropriated by breach of trust and embezzlement and by falsehood, fraud and wilful imposition.