Criminal Law (Consolidation) (Scotland) Act 1995

Offensive weapons

47Prohibition of the carrying of offensive weapons

(1)Any person who without lawful authority or reasonable excuse, the proof whereof shall lie on him, 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 two years or a fine, or both.

(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)A constable may arrest without warrant any person whom he has reasonable cause to believe to be committing an offence under subsection (1) above, if the constable is not satisfied as to that person’s identity or place of residence, or has reasonable cause to believe that it is necessary to arrest him in order to prevent the commission by him of any other offence in the course of committing which an offensive weapon might be used.

(4)In this section “public place” includes any road within the meaning of the [1984 c. 54.] Roads (Scotland) Act 1984 and any other premises or place to which at the material time the public have or are permitted to have access, whether on payment or otherwise; and “offensive weapon” means any article made or adapted for use for causing injury to the person, or intended by the person having it with him for such use by him.

48Search for offensive weapons

(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)A constable may arrest without warrant any person who he has reason to believe has committed an offence under subsection (2) above.

(4)In this section, “offensive weapon” has the same meaning as in the said section 47.

49Offence 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 six months or a fine not exceeding the statutory maximum or both; and

(b)on conviction on indictment, to imprisonment for a term not exceeding two 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 prove that he had good reason 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 prove 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 [1995 c. 46.] 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” includes any place to which at the material time the public have or are permitted access, whether on payment or otherwise.

50Extension 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)Where a constable has reasonable cause to believe that a person has committed or is committing an offence under section 49(1) of this Act and the constable—

(a)having requested that person to give his name or address or both—

(i)is not given the information requested; or

(ii)is not satisfied that such information as is given is correct; or

(b)has reasonable cause to believe that it is necessary to arrest him in order to prevent the commission by him of any other offence in the course of committing which an article to which that section applies might be used,

he may arrest that person without warrant.

(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 3 on the standard scale.

(5)Where a constable has reasonable cause to believe that a person has committed or is committing an offence under subsection (4) above he may arrest that person without warrant.