Prevention of Crime Act 1953 in Scotland
1 & 2 Eliz. 2 c. 14 · Enacted 6 May 1953 · Extends to England, Wales and Scotland
An Act to prohibit the carrying of offensive weapons in public places without lawful authority or reasonable excuse.
[6th May 1953]
Contents
- 1ZAOffence under section 1: previous relevant convictions Repealed
- 1AOffence of threatening with offensive weapon in public
- 2Short title, commencement and extent.
1ZAOffence under section 1: previous relevant convictionsF1
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1AOffence of threatening with offensive weapon in publicF1
A person is guilty of an offence if that person—
has an offensive weapon with him or her in a public place,
unlawfully and intentionally threatens another person F2(“A”) with the weapon, and
does so in such a way that F3a reasonable person (“B”) who was exposed to the same threat as A would think that there was an immediate risk of physical harm to B.
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In this section “ public place ” and “ offensive weapon ” have the same meaning as in section 1.
A person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding F5the general limit in a magistrates’ court or to a fine not exceeding the statutory maximum, or to both;
on conviction on indictment, to imprisonment for a term not exceeding 4 years or to a fine, or to both.
For provision about the sentence which the court may be required to impose where a person aged 16 or over is convicted of an offence under this section, see section 312 of the Sentencing Code.
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If on a person's trial for an offence under this section (whether on indictment or not) the person is found not guilty of that offence but it is proved that the person committed an offence under section 1, the person may be convicted of the offence under that section.
2Short title, commencement and extent.
This Act may be cited as the Prevention of Crime Act 1953.
This Act shall come into operation on the expiration of one month from the passing thereof.
This Act F1extends to England and Wales only.