Office of Public Sector Information

Crossbows

62 Sale etc. of crossbows

(1) In the Crossbows Act 1987 (c. 32), in the provisions mentioned in subsection (2), for “seventeen” in each place it occurs, substitute “eighteen”.

(2) The provisions are—

(a) section 1 (sale and letting on hire),

(b) section 2 (purchase and hiring),

(c) section 3 (possession).

Possession of weapons in prisons etc.

63 Possession of weapons in prisons etc.

After section 49B of the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39), insert—

“49C Offence 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 prove that he had good reason 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 4 years or a fine or both.

(7) In this section—

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

• “prison” includes—

  (a)

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

  (b)

  a remand centre (within the meaning of paragraph (a) of subsection (1) of section 19 of the Prisons (Scotland) Act 1989 (c. 45) (provision of remand centres and young offenders institutions),

  (c)

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

  (d)

  secure accommodation within the meaning of section 93(1) of the Children (Scotland) Act 1995 (c. 36).”.

Part 4 General

64 Ancillary provision

(1) The Scottish Ministers may by order make such incidental, supplementary, consequential, transitory, transitional or saving provision as they consider appropriate for the purposes of, in consequence of or for giving full effect to this Act or any provision of it.

(2) An order under subsection (1) may modify any enactment (including this Act), instrument or document.

65 Rules, regulations and orders

(1) The powers conferred by this Act on the Scottish Ministers to make rules, regulations and orders are exercisable by statutory instrument.

(2) Each of those powers includes power to make—

(a) different provision for different purposes,

(b) supplementary, incidental, consequential, transitory, transitional or saving provision.

(3) Subject to subsection (4), a statutory instrument containing rules, regulations or an order under this Act (other than an order under section 67) is subject to annulment in pursuance of a resolution of the Scottish Parliament.

(4) A statutory instrument containing—

(a) an order under section 4(2), 7, 47(1)(b) or 57(1) or paragraph 6 of schedule 3,

(b) an order under section 64(1) which contains provision modifying an Act, or

(c) regulations under paragraph 3(1) or 17 of schedule 1,

may not be made unless a draft of the instrument has been laid before, and approved by resolution of, the Scottish Parliament.

66 Minor and consequential amendments and repeals

(1) Schedule 4 (which contains minor amendments and amendments consequential on the provisions of this Act) has effect.

(2) The enactments mentioned in the first column in schedule 5 are repealed to the extent set out in the second column.

(3) Schedule 6 (which contains certain transitory amendments of the Prisoners and Criminal Proceedings (Scotland) Act 1993) has effect.

67 Short title and commencement

(1) This Act may be cited as the Custodial Sentences and Weapons (Scotland) Act 2007.

(2) This Act (other than this section and section 65) shall come into force on such day as the Scottish Ministers may by order appoint.

(3) Different days may be appointed under subsection (2) for different purposes.