Police (Scotland) Act 1967 (repealed)

43 Impersonation, etc. S

(1) Subject to the provisions of this section, any person who—

(a) takes the name, designation or character of a constable [F1 or police custody and security officer] for the purpose of obtaining admission into any house or other place or of doing or procuring to be done any act which such person would not be entitled to do or procure to be done of his own authority, or for any other unlawful purpose, or

(b) wears any article of police uniform without [F2 being a member of the Civil Nuclear Constabulary or having] the permission of the police authority for the police area in which he is, or

(c) has in his possession any article of police uniform without being able to account satisfactorily for his possession thereof.

shall be guilty of an offence and on summary conviction shall be liable to a fine not exceeding [F3 level 4 on the standard scale] or to imprisonment for a period not exceeding three months.

(2) Nothing in subsection (1) of this section shall make it an offence to wear any article of police uniform in the course of taking part in a stage play, or music hall or circus performance, or of performing in or producing a cinematograph film or television broadcast.

[F4 (2A) For the purposes of this section—

(a) “ constable ” includes a member of the British Transport Police Force, and

(b) any reference to “ police ” includes a reference to that force. ]

(3) In this section “article of police uniform” means any article of uniform or any distinctive badge or mark usually issued by any police authority [F5 or by the Civil Nuclear Police Authority] [F6 or by the British Transport Police Committee] to constables [F7 or police custody and security officers], or any article having the appearance of such article, badge or mark.

[F8 (3A) In its application to articles of the uniform of the Civil Nuclear Constabulary, subsection (1)(b) has effect as if for the words “or having the permission of the police authority for the police area in which he is” there were substituted the words “ and in circumstances where it gives him an appearance so nearly resembling that of a constable as to be calculated to deceive ”.

(3B) For the purposes of this section—

(a) “constable” includes a member of the Civil Nuclear Constabulary; and

(b) any reference to “police” includes a reference to that Constabulary.]

[F9 (4) In its application to articles of British Transport Police Force uniform, subsection (1)(b) has effect as if for the words “without the permission of the police authority for the police area in which he is” there were substituted the words “in circumstances where it gives him an appearance so nearly resembling that of a constable as to be calculated to deceive”.]

Textual Amendments

F1 Words in s. 43(1)(a) inserted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 76(6)(a), 89(2); S.S.I. 2003/288, art. 2, Sch.

F2 Words in s. 43(1)(b) inserted (1.4.2005) by Energy Act 2004 (c. 20), ss. 68(5)(a), 198(2); S.I. 2005/877, art. 2(1), Sch. 1

F3 Words substituted by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), Sch. 7D and by 1995 c. 40, ss. 3, 7(2), Sch. 1 para. 10, Sch. 2 Pt. III it is provided (1.4.1996) that s. 43(1) shall have effect as if the maximum fine that may be imposed on summary conviction for the offence mentioned therein were a fine not exceeding level 4 on the standard scale or 3 months instead of a fine not exceeding £50

F4 S. 43(2A) inserted (7.1.2002) by 2001 c. 24, s. 101, Sch. 7 para. 6(2); S.I. 2001/4104, art. 2(d)

F5 Words in s. 43(3) inserted (1.4.2005) by Energy Act 2004 (c. 20), ss. 68(5)(b), 198(2); S.I. 2005/877, art. 2(1), Sch. 1

F6 Words in s. 43(3) inserted (7.1.2002) by 2001 c. 24, s. 101, Sch. 7 para. 6(3); S.I. 2001/4104, art. 2(d)

F7 Words in s. 43(3) inserted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 76(6)(b), 89(2); S.S.I. 2003/288, art. 2, Sch.

F8 S. 43(3A)(3B) inserted (1.4.2005) by Energy Act 2004 (c. 20), ss. 68(6), 198(2); S.I. 2005/877, art. 2(1), Sch. 1

F9 S. 43(4) inserted (7.1.2002) by 2001 c. 24, s. 101, Sch. 7 para. 6(4); S.I. 2001/4104, art. 2(d)