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.