Part VI MISCELLANEOUS AND GENERAL

False oaths etc.

44 False statements and declarations.

C11

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 M1Evidence (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.

45 Provisions supplementary to section 44.

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 F1principal 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.

46 Proceedings.

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 M2Criminal 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 M3Statutory Declarations Act 1835 or of any enactment (including subordinate legislation) applying or extending the provisions of that Act.

F18False monetary instruments

Annotations:

46AFalse monetary instruments

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.

Offensive weapons

47 Prohibition of the carrying of offensive weapons.

1

Any person who F2. . . 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 F195 years or a fine, or both.

F31A

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.

F243

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F44

In this section—

  • offensive weapon” means any article—

    1. a

      made or adapted for use for causing injury to a person, or

    2. b

      intended, by the person having the article, for use for causing injury to a person by—

      1. i

        the person having it, or

      2. ii

        some other person,

  • public place” means any place other than—

    1. a

      domestic premises,

    2. b

      school premises (within the meaning of section 49A(6)),

    3. c

      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).

48 Search 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.

F253

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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 F5twelve months or a fine not exceeding the statutory maximum or both; and

b

on conviction on indictment, to imprisonment for a term not exceeding F205 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 F6show 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 F7show 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 M4Criminal Procedure (Scotland) Act 1995 (suspension of forfeiture etc, pending appeal)) be disposed of as the court may direct.

F87

In this section, “public place” has the same meaning as in section 47(4).

F949A 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 F10show 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 F11show 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 F12twelve months, or a fine not exceeding the statutory maximum, or both;

ii

on conviction on indictment, to imprisonment for a term not exceeding F215 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 F225 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 M5Education (Scotland) Act 1980.

F1349B 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.

49CF16Offence 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 F14show 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 F235 years or a fine or both.

7

In this section—

  • offensive weapon” has the meaning given by section 47(4),

  • prison” includes—

    1. a

      any prison other than a naval, military or air force prison,

    2. b

      F29...

    3. c

      a young offenders institution (within the meaning of paragraph (b) of that subsection), and

    4. d

      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.

F263

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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 F154 on the standard scale.

F275

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F17 Racially-aggravated harassment

Annotations:
Amendments (Textual)
F17

Crossheading inserted (30.9.1998) by 1998 c. 37, s. 33; S.I. 1998/2327, art. 2(x)

F2850A Racially-aggravated harassment.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reset

51 Reset.

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.

Vandalism

52 Vandalism.

1

Subject to subsection (2) below, any person who, without reasonable excuse, wilfully or recklessly destroys or damages any property belonging to another shall be guilty of the offence of vandalism.

2

It shall not be competent to charge acts which constitute the offence of wilful fire-raising as vandalism under this section.

3

Any person convicted of the offence of vandalism shall be liable on summary conviction—

a

in the district court, to imprisonment for a term not exceeding 60 days, or to a fine not exceeding level 3 on the standard scale, or to both;

b

in the sheriff court—

i

for a first such offence, to imprisonment for a term not exceeding 3 months, or to a fine not exceeding the prescribed sum (within the meaning of section 225(8) of the M6Criminal Procedure (Scotland) Act 1995), or to both; and

ii

for any subsequent such offence, to imprisonment for a term not exceeding 6 months, or to the fine mentioned in sub-paragraph (i) above, or to both.

General

53 Short title, commencement and extent.

1

This Act may be cited as the Criminal Law (Consolidation) (Scotland) Act 1995.

2

This Act shall come into force on 1 April 1996.

3

Subject to subsection (4) below, this Act extends only to Scotland.

4

Section 35(10) to (12) of this Act extends also to England and Wales and sections 27 to 29 of this Act and this section extend also to England and Wales and Northern Ireland.