Part 4Closure of premises
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.