Extent Information
E1Act (except s. 16 which applies to England and Wales) applies to Scotland only see s. 137(9).
Modifications etc. (not altering text)
C1Act excluded (19. 12. 1991) by City of Edinburgh District Council Order Confirmation Act (c. xix), ss. 1, 12(2), Sch. Pt. V
Commencement Information
I1Act partly in force at Royal Assent see s. 137(2); Act wholly in force at 1. 1. 1985 see S.I. 1983/201 as amended by S.I. 1984/573 and 744.
(1)A prostitute (whether male or female) who for the purposes of prostitution—
(a)loiters in a public place;
(b)solicits in a public place or in any other place so as to be seen from a public place; or
(c)importunes any person who is in a public place,
shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding [F1level 2 on the standard scale].
(2)In subsection (1) above, “public place” has the same meaning as in section 133 of this Act but includes—
(a)any place to which at the material time the public are permitted to have access, whether on payment or otherwise; and
(b)any public conveyance other than a taxi or hire car within the meaning of section 23 of this Act.
Textual Amendments
F1Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G
Any person who urinates or defecates in such circumstances as to cause, or to be likely to cause, annoyance to any other person shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding [F2level 2 on the standard scale].
Textual Amendments
F2Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F3S. 48 repealed (22.10.2003) by Dog Fouling (Scotland) Act 2003 (asp 12), ss. 17, 18(2)
(1)Any person who suffers or permits any creature in his charge to cause danger or injury to any other person who is in a public place or to give such person reasonable cause for alarm or annoyance shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding [F4level 2 on the standard scale].
(2)A district court may, if satisfied that any creature kept in the vicinity of any place where a person resides is giving that person, while in that place, reasonable cause for annoyance, make an order requiring the person keeping the creature to take, within such period as may be specified in the order, such steps (short of destruction of the creature) to prevent the continuance of the annoyance as may be so specified.
(3)An application to a district court for an order under subsection (2) above may be made by any person.
(4)Any person who fails to comply with an order under subsection (2) above shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding [F4level 3 on the standard scale].
(5)The fact that there is a licence under the M1Dangerous Wild Animals Act 1976 in respect of a creature shall not of itself afford a defence in proceedings under this section relating to that creature.
(6)Where a court convicts a person of an offence under this section or discharges him absolutely or makes a probation order in relation to him, it may, whether or not (in the case of conviction) it imposes a penalty under subsection (1) or (4) above—
(a)subject to subsection (8) below, make such order as it sees fit as to the disposal of the creature to which the proceedings relate;
(b)authorise a constable, in pursuance of such an order, to take possession of the creature.
(7)An order under subsection (6) above may, subject to any enactment relating to the protection or conservation of living things, be for the destruction of the creature to which it relates.
(8)No creature disposed of under an order under subsection (6) above shall be given or sold for the purposes of vivisection.
Textual Amendments
F4Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G
Marginal Citations
(1)Any person who, while not in the care or protection of a suitable person, is, in a public place, drunk and incapable of taking care of himself shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding [F5level 2 on the standard scale].
(2)Any person who is drunk in a public place while in charge of a child under the age of 10 shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding [F5level 2 on the standard scale].
(3)For the purposes of subsection (2) above, if a child appears to the court to be under the age of 10, the child shall be deemed to be under that age unless the contrary is proved.
(4)A constable may arrest a person for contravening subsection (2) above if he has reasonable cause to believe that the child in the charge of that person is under the age of 10.
(5)Any person who is drunk in a public place while in possession of a firearm (including a crossbow, airgun, air rifle or air pistol) shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding [F5level 2 on the standard scale].
(6)In this section, “public place” has the same meaning as in section 133 of this Act but includes—
(a)any place to which at the material time the public are permitted to have access, whether on payment or otherwise; and
(b)any public conveyance other than a taxi or hire car within the meaning of section 23 of this Act.
Textual Amendments
F5Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G
(1)Subject to subsection (4) below, any person who displays any obscene material in any public place or in any other place where it can be seen by the public shall be guilty of an offence under this section.
(2)Subject to subsection (4) below, any person who publishes, sells or distributes or, with a view to its eventual sale or distribution, makes, prints, has or keeps any obscene material shall be guilty of an offence under this section.
[F6(2A)Subject to subsection (4) below, any person who—
(a)is responsible for the inclusion of any obscene material in a programme included in a programme service; or
(b)with a view to its eventual inclusion in a programme so included, makes, prints, has or keeps any obscene material,
shall be guilty of an offence under this section.]
(3)A person guilty of an offence under this section shall be liable, on summary conviction, to a fine not exceeding the prescribed sum or to imprisonment for a period not exceeding [F76 months]or to both or, on conviction on indictment, to a fine or to imprisonment for a period not exceeding [F73 years]or to both.
(4)A person shall not be convicted of an offence under this section if he proves that he had used all due diligence to avoid committing the offence.
(5)Under an indictment for or on a complaint of a breach of subsection (1) above, the court may, if satisfied that the person accused is guilty of an offence under section 1(1) of the M2Indecent Displays (Control) Act 1981 (offence of public display of indecent matter), convict him of a breach of the said section 1(1).
(6)Nothing in this section applies in relation to any matter—
(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8
(b)included in a performance of a play (within the meaning of the M3Theatres Act 1968).
(7)For section 5(4)(b) of the Indecent Displays (Control) Act 1981 (saving) there shall be substituted the following—
“(b)section 51 of the Civic Government (Scotland) Act 1982.”
(8)In this section—
“material” includes any book, magazine, bill, paper, print, film, tape, disc or other kind of recording (whether of sound or visual images or both), photograph, drawing, painting, representation, model or figure . . . F9;
“photograph” includes the negative as well as the positive version;
“public place” has the same meaning as in section 133 of this Act except that it includes any place to which at the material time the public are permitted to have access, whether on payment or otherwise;
“prescribed sum” has the same meaning as in [F10section 225(8) of the Criminal Procedure (Scotland) Act 1995];
[F11 “programme” and “programme service” have the same meaning as in the Broadcasting Act 1990;]
and the reference to publishing includes a reference to . . . F12 playing, projecting or otherwise reproducing [F13, or, where the material is data stored electronically, transmitting that data].
Textual Amendments
F7Words in s. 51(3) substituted (3.2.1995) by 1994 c. 33, s. 8; S.I. 1995/127, art. 2(1)
F8S. 51(6)(a) repealed by Broadcasting Act 1990 (c. 42, SIF 96), ss. 163(3), 203(3), Sch. 21 (with ss. 4(6), 87(6), Sch. 12 Pt. II para. 1)
F9Words added by Cable and Broadcasting Act 1984 (c. 46, SIF 96), s. 26(b) and repealed by Broacasting Act 1990 (c. 42, SIF 96), ss. 163(4)(a), 203(3), Sch. 21 (with ss. 4(6), 87(6), Sch. 12 Pt. II para. 1)
F10S. 51(8): words in definition of
“prescribed sum”
substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 44(2)
F11Definitions inserted by Broadcasting Act 1990 (c. 42, SIF 96), ss. 4(6), 87(6), 163(4)(b)
F12Word inserted by Cable and Broadcasting Act 1984 (c. 46, SIF 96), s. 26(c) and repealed by Broadcasting Act 1990 (c. 42, SIF 96), ss. 163(4)(c), 203(3), Sch. 21 (with ss. 4(6), 87(6), Sch. 12 Pt. II para. 1)
F13Words in s. 51(8) inserted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 20; S.I. 1995/127, art. 2
Modifications etc. (not altering text)
C2The text of ss. 16, 18(11), 51(7) and 52(6) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Marginal Citations
(1)Any person who—
(a)takes, or permits to be taken [F14or makes], any indecent photograph [F15or pseudo-photograph of a child]
(b)distributes or shows such an indecent photograph [F16or pseudo-photograph];
(c)has in his possession such an indecent photograph [F16or pseudo-photograph]with a view to its being distributed or shown by himself or others: or
(d)publishes or causes to be published any advertisement likely to be understood as conveying that the advertiser distributes or shows such an indecent photograph [F16or pseudo-photograph], or intends to do so
shall be guilty of an offence under this section.
(2)[F17In subsection (1) above “child” means, subject to subsection (2B) below, a person under the age of 16; and]In proceedings under this section a person is to be taken as having been a child at any material time if it appears from the evidence as a whole that he was then under the age of 16.
[F18(2A)In this section, “pseudo-photograph” means an image, whether produced by computer-graphics or otherwise howsoever, which appears to be a photograph.
(2B)If the impression conveyed by a pseudo-photograph is that the person shown is a child, the pseudo-photograph shall be treated for all purposes of this Act as showing a child and so shall a pseudo-photograph where the predominant impression conveyed is that the person shown is a child notwithstanding that some of the physical characteristics shown are those of an adult.
(2C)In this section, references to an indecent pseudo-photograph include—
(a)a copy of an indecent pseudo-photograph;
(b)data stored on a computer disc or by other electronic means which is capable of conversion into a pseudo-photograph.]
(3)A person guilty of an offence under this section shall be liable—
(a)on summary conviction, to imprisonment for a period not exceeding [F196 months] or to a fine not exceeding the prescribed sum within the meaning of [F20section 225(8) of the Criminal Procedure (Scotland) Act 1995] (at the passing of this Act £1,000) or to both;
(b)on conviction on indictment, to imprisonment for a period not exceeding [F2110 years] or to a fine or to both.
(4)For the purposes of this section, a person is to be regarded as distributing an indecent photograph [F22 or pseudo-photograph] if he parts with possession of it to, or exposes or offers it for acquisition by, another person.
(5)Where a person is charged with an offfence under subsection (1)(b) or (c) above, it shall be a defence for him to prove—
(a)that he had a legitimate reason for distributing or showing the photograph [F22 or pseudo-photograph] or (as the case may be) having it in his possession; or
(b)that he had not himself seen the photograph [F22or pseudo-photograph] and did not know, nor had any cause to suspect, it to be indecent.
(6)In paragraph 2 of the Schedule to the M4 Visiting Forces Act 1952 (offences against the person in the case of which a member of a visiting force is in certain circumstances not liable to be tried by a United Kingdom court) the word “ and” immediately preceding sub-paragraph (b)(iii) shall be omitted and after the said sub-paragraph (b)(iii) there shall be added—
“(iv)section 52(1)(a) of the Civic Government (Scotland) Act 1982.”
(7)References in the M5Criminal Procedure (Scotland) Act 1975 (except in sections 171 and 368 thereof) [F23and in Part III of the Social Work (Scotland) Act 1968 (children in need of compulsory measures of care)] to the offences mentioned in Schedule 1 to that Act shall include an offence under subsection (1)(a) above.
(8)In this section—
(a)references to an indecent photograph include an indecent film, a copy of an indecent photograph or film and an indecent photograph comprised in a film;
(b)a photograph (including one comprised in a film) shall, if it shows a child and is indecent, be treated for all purposes of this section as an indecent photograph of a child;
[F24(c)references to a photograph include—
(i)the negative as well as the positive version; and
(ii)data stored on a computer disc or by other electronic means which is capable of conversion into a photograph.]
(d)“film” includes any form of video-recording.
Textual Amendments
F14Words in s. 52(1)(a) inserted (3.2.1995) by 1994 c. 33, s. 84(6)(a)(i) (with Sch. 9 para. 17)
F15Words in s. 52(1)(a) substituted (3.2.1995) by 1994 c. 33, s. 84(6)(a)(ii) (with Sch. 9 para. 17
F16Words in s. 52(1)(b)(c)(d) inserted (3.2.1995) by 1994 c. 33, s. 84(6)(b); S.I. 1995/127, art. 2(1), Sch. 1
F17Words in s. 52(2) inserted (3.2.1995) by 1994 c. 33, s. 84(6)(c); S.I. 1995/127, art. 2(1), Sch. 1
F18S. 52(2A)-(2C) added (3.2.1995) by 1994 c. 33, s. 84(6)(d); S.I. 1995/127, art. 2(1), Sch. 1
F19Words in s. 52(3)(a) substituted (3.2.1995) by 1994 c. 33, s. 84(6)(e)(i); S.I. 1995/127, art. 2(1), Sch. 1
F20Words in s. 52(3) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 44(3)
F21Words in s. 52(3)(b) substituted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 19(1)(a), 89(2); S.S.I. 2003/288, art. 2, sch.
F22Words in s. 52(4)(5)(a)(b) substituted (3.2.1995) by 1994 c. 33, s. 84(6)(f); S.I. 1995/127, art. 2(1), Sch. 1
F23Words inserted by Criminal Justice Act 1988 (c. 33, SIF 39:2), s. 170(1) Sch. 15 para. 89
F24S. 52(8)(c) substituted (3.2.1995) by 1994 c. 33, s. 84(6)(g); S.I. 1995/127, art. 2(1), Sch. 1
Modifications etc. (not altering text)
C3The text of ss. 16, 18(11), 51(7) and 52(6) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Marginal Citations
(1)It is an offence for a person to have any indecent photograph [F26or pseudo-photograph of a child] in his possession.
(2)Where a person is charged with an offence under subsection (1), it shall be a defence for him to prove—
(a)that he had a legitimate reason for having the photograph [F27or pseudo-photograph] in his possession; or
(b)that he had not himself seen the photograph [F27or pseudo-photograph] and did not know, nor had any cause to suspect, it to be indecent; or
(c)that the photograph [F27or pseudo-photograph] was sent to him without any prior request made by him or on his behalf and that he did not keep it for an unreasonable time.
(3)A person shall be liable
[F28(a)]on summary conviction of an offence under this section to [F29imprisonment for a period not exceeding 6 months or to]a fine not exceeding level 5 on the standard scale [F30“or to both.”].
[F31(b)on conviction on indictment of such an offence to imprisonment for a period not exceeding 5 years or to a fine or to both.]
(4)Subsections (2) [F32to (2C)] and (8) of section 52 of this Act shall have effect for the purposes of this section as they have for the purposes of that section.]
Textual Amendments
F25S. 52A inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1, 2) s. 161(1)(2)
F26Words in s. 52A(1) substituted (3.2.1995) by 1994 c. 33, s. 84(7); S.I. 1995/127, art. 2(1), Sch. 1
F27words in s. 52A(2)(a)-(c) inserted (3.2.1995) by 1994 c. 33, s. 84(7)(b); S.I. 1995/127, art. 2(1), Sch. 1
F28Words in s. 52A(3) renumbered as s. 52A(3)(a) (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 19(1)(b), 89(2); S.S.I. 2003/288, art. 2, sch.
F29Words in s. 52A(3) inserted (3.2.1995) by 1994 c. 33, s. 84(7)(c)(i); S.I. 1995/127, art. 2(1), Sch. 1
F30Words in s. 52A(3) added (3.2.1995) by 1994 c. 33, s. 84(7)(c)(ii); S.I. 1995/127, art. 2(1), Sch. 1
F31S. 52A(3)(b) inserted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 19(1)(b), 89(2); S.S.I. 2003/288, art. 2, sch.
F32Words in s. 52A(4) inserted (3.2.1995) by 1994 c. 33, s. 84(7)(d); S.I. 1995/127, art. 2(1), Sch. 1
Any person who, being on foot in any public place—
(a)obstructs, along with another or others, the lawful passage of any other person and fails to desist on being required to do so by a constable in uniform, or
(b)wilfully obstructs the lawful passage of any other person
shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding [F33level 2 on the standard scale].
Textual Amendments
F33Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G
(1)Any person who—
(a)sounds or plays any musical instrument;
(b)sings or performs; or
(c)operates any radio or television receiver, record player, tape-recorder or other sound producing device
so as to give any other person reasonable cause for annoyance and fails to desist on being required to do so by a constable in uniform, shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding £50.
(2)This section is without prejudice to any offence under section 62 of the M6Control of Pollution Act 1974 (operation of loudspeakers in streets).
[F34(2A)Where a constable reasonably suspects that an offence under subsection (1) above has been committed in relation to a musical instrument or in relation to such a device as is mentioned in paragraph (c) of that subsection, he may enter any premises on which he reasonably suspects that instrument or device to be and seize any such instrument or device he finds there.
(2B)A constable may use reasonable force in the exercise of the power conferred by subsection (2A) above.
(2C)Schedule 2A to this Act (which makes provision in relation to the retention and disposal of property seized under subsection (2A) above) shall have effect.]
(3)Subsection (1) above shall not apply to the operation of a loudspeaker—
(a)for police, fire brigade or ambulance purposes, by [F35Scottish Water] in the exercise of any of its functions, or by a local authority within its area;
(b)for communicating with persons on a vessel for the purpose of directing the movement of that or any other vessel;
(c)if the loudspeaker forms part of a public telephone system;
(d)if the loudspeaker—
(i)is in or fixed to a vehicle, and
(ii)is operated solely for the entertainment of or for communicating with the driver or a passenger of the vehicle or, where the loudspeaker is or forms part of the horn or similar warning instrument of the vehicle, solely for giving warning to other traffic, and
(iii)is so operated as not to give reasonable cause for annoyance to persons in the vicinity;
(e)otherwise than on a [F36road], by persons employed in connection with a transport undertaking used by the public in a case where the loudspeaker is operated solely for making announcements to passengers or prospective passengers or to other persons so employed;
(f)by a travelling showman on land which is being used for the purposes of a pleasure fair;
(g)in case of emergency.
F37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F34S. 54(2A)-(2C) inserted (1.12.1998) by 1998 c. 37, s. 24(2); S.I. 1998/2327, art. 2(1)
F35Words in s. 54(3)(a) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(2), Sch. 7 para. 13(a), (with s. 67); S.S.I. 2002/118, art. 2
F36Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 87(4)
F37Words in s. 54(3) repealed (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(2), Sch. 7 para. 13(b), (with s. 67); S.S.I. 2002/118, art. 2
Marginal Citations
(1)Any person who—
(a)in a public place—
(i)touts for the purpose of selling or advertising anything or otherwise obtaining custom so as to give any other person reasonable cause for annoyance; or
(ii)importunes any other person for that purpose so as to give that, or any other, person reasonable cause for annoyance; and
(b)fails to desist when required to do so by a constable in uniform,
shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding [F38level 2 on the standard scale].
Textual Amendments
F38Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G
Any person who lays or lights a fire in a public place so as to endanger any other person or give him reasonable cause for alarm or annoyance or so as to endanger any property shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding [F39level 3 on the standard scale].
Textual Amendments
F39Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G
(1)Any person who, without lawful authority to be there, is found in or on a building or other premises, whether enclosed or not, or in its curtilage or in a vehicle or vessel so that, in all the circumstances, it may reasonably be inferred that he intended to commit theft there shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding [F40level 4 on the standard scale] or to imprisonment for a period not exceeding 3 months or to both.
(2)In this section “theft” includes any aggravation of theft including robbery.
Textual Amendments
F40Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G
(1)Any person who, being a person to whom this section applies—
(a)has or has recently had in his possession any tool or other object from the possession of which it may reasonably be inferred that he intended to commit theft or has committed theft; and
(b)is unable to demonstrate satisfactorily that his possession of such tool or other object is or was not for the purposes of committing theft
shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding [F41level 4 on the standard scale] or to imprisonment for a period not exceeding 3 months or to both.
(2)For the purposes of subsection (1) above, a person shall have recently had possession of a tool or other object if he had possession of it within 14 days before the date of—
(a)his arrest without warrant for the offence of having so possessed it in contravention of subsection (1) above; or
(b)the issue of a warrant for his arrest for that offence; or
(c)if earlier, the service upon him of the first complaint alleging that he has committed that offence.
(3)Where a court convicts a person of an offence under this section or discharges him absolutely or makes a probation order in relation to him in respect of such an offence it may order the forfeiture of any tool or other object in respect of the possession of which he was convicted or discharged absolutely, or, as the case may be, the probation order was made.
(4)This section applies to a person who has two or more convictions for theft which are not, for the purposes of the M7Rehabilitation of Offenders Act 1974, spent convictions.
(5)In this section “theft” includes any aggravation of theft including robbery.
Textual Amendments
F41Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G
Marginal Citations
(1)Subject to subsection (2) below, a constable may, where it is necessary in the interests of justice to do so, arrest without warrant a person whom he finds committing an offence to which this section applies or a person who is delivered into his custody in pursuance of subsection (3) below.
(2)A constable who is not in uniform shall produce his identification if required to do so by any person whom he is arresting under subsection (1) above.
(3)The owner, tenant or occupier of any property in, upon, or in respect of, which an offence to which this section applies is being committed or any person authorised by him may apprehend any person whom the owner or, as the case may be, the tenant, occupier or authorised person finds committing that offence and detain the apprehended person until he can be delivered into the custody of a constable.
In this subsection “property” means heritable or moveable property.
(4)This section applies to offences under sections 50, 57 and 58 of this Act.
(5)This section shall not prejudice any power of arrest conferred by law apart from this section.
(1)Subject to subsection (2) and (3) below, if a constable has reasonable grounds to suspect that a person is in possession of any stolen property, the constable may without warrant—
(a)search that person or anything in his possession, and detain him for as long as is necessary for the purpose of that search;
(b)enter and search any vehicle or vessel in which the constable suspects that that thing may be found, and for that purpose require the person in control of the vehicle or vessel to stop it and keep it stopped;
(c)enter and search any premises occupied by a second-hand dealer or a metal dealer for the purposes of his business;
(d)seize and detain anything found in the course of any such search which appears to the constable to have been stolen or to be evidence of the commission of the crime of theft
and may, in doing so, use reasonable force.
In this subsection “second-hand dealer” and “metal dealer” have the meanings respectively assigned to them by sections 24(2) and 37(1) of this Act.
(2)The power under subsection (1)(b) above to require the person in charge of a vehicle or vessel to stop it shall be exercisable only by a constable in uniform.
(3)A constable who is not in uniform shall not be entitled to exercise the powers which he may exercise under subsection (1)(a) to (c) above until he has produced his identification—
(a)in relation to the exercise of powers under subsection (1)(a) above, to the person in respect of whom the powers are exercised;
(b)in relation to the exercise of powers under subsections (1)(b) or (c) above, to the person for the time being in charge of the vehicle, vessel or premises and to any other person in or on the vehicle, vessel or premises who, having reasonable cause to do so, requests to see it.
(4)In subsection (1) above “theft” includes any aggravation of theft including robbery.
(5)Nothing in [F42section 54(2A) of this Act or] this section prejudices any power of entry or search or any power to seize or detain property or any power to require any vehicle or vessel to be stopped [F43which is otherwise exercisable by a constable].
(6)Any person who, without reasonable excuse—
(a)fails to allow a constable [F44to enter and search—,
(i)any premises in pursuance of section 54(2A) of this Act or of subsection (1) above; or
(ii)any vehicle or vessel in pursuance of the said subsection (1)], or seize and detain anything found in the course of such searsh;
(b)when required by a constable in pursuance of subsection (1) above to stop a vehicle or vessel and keep it stopped, fails to do so; or
(c)obstructs a constable in the exercise of his powers under [F45section 54(2A) of this Act or]subsection (1) above;
shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding [F46level 3 on the standard scale].
Textual Amendments
F42Words in s. 60(5) inserted (1.12.1998) by 1998 c. 37, s. 24(3)(a)(i); S.I. 1998/2327, art. 2(1)
F43Words in s. 60(5) substituted (1.12.1998) by 1998 c. 37, s. 24(3)(a)(ii); S.I. 1998/2327, art. 2(1)
F44Words and s. 60(6)(a)(i)(ii) substituted for words in s. 60(6)(a) substituted (1.12.1998) by 1998 c. 37, s. 24(3)(b)(i); S.I. 1998/2327, art. 2(1)
F45Words in s. 60(6)(c) inserted (1.12.1998) by 1998 c. 37, s. 24(3)(b)(ii); S.I. 1998/2327, art. 2(1)
F46Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G
(1)Where—
(a)any premises have been left open, unlocked or otherwise insecure; and
(b)in the opinion of a constable, the insecurity of the premises is likely to conduce to the commission of an offence,
the constable may take such reasonable steps as he may consider necessary to make the premises secure.
(2)Any reasonable expense incurred by a constable in making any premises secure under subsection (1) above may be recovered by the police authority from the occupier (or, where there is no occupier, from the tenant or, where there is no occupier or tenant, from the owner) of the premises.