(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 [F2show 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 [F3show] 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 [F4twelve] months, or a fine not exceeding the statutory maximum, or both;
(ii)on conviction on indictment, to imprisonment for a term not exceeding [F55] 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 [F65] 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 M1Education (Scotland) Act 1980.]
Textual Amendments
F1Ss. 49A, 49B inserted (1.9.1996) by 1996 c. 26, s. 4(3)(4); S.I. 1996/2071, art. 2
F2Words in s. 49A(3) substituted (13.12.2010 for specified purposes) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 37(4)(a), 206(1); S.S.I. 2010/413, art. 2, Sch.
F3Word in s. 49A(4) substituted (13.12.2010 for specified purposes) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 37(4)(b), 206(1); S.S.I. 2010/413, art. 2, Sch.
F4Word in s. 49A(5)(a)(i) substituted (1.9.2006) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), ss. 73(4), 104; S.S.I. 2006/432, art. 2(d)
F5Word in s. 49A(5)(a)(ii) substituted (10.3.2016) by Criminal Justice (Scotland) Act 2016 (asp 1), ss. 84(4)(a), 117(2); S.S.I. 2016/95, art. 2 (with art. 3)
F6Word in s. 49A(5)(b)(ii) substituted (10.3.2016) by Criminal Justice (Scotland) Act 2016 (asp 1), ss. 84(4)(b), 117(2); S.S.I. 2016/95, art. 2 (with art. 3)
Marginal Citations