New Clause 28 - Corresponding Scottish offence

Serious Organised Crime and Police Bill – in a Public Bill Committee at 6:30 pm on 20 January 2005.

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'(1) A person commits an offence if he enters, or is on, any designated Scottish site without lawful authority.

(2) A ''designated Scottish site'' means a site in Scotland—

(a) specified or described (in any way) in an order made by the Secretary of State or by the Scottish Ministers, and

(b) designated for the purposes of this section by the order.

(3) The Secretary of State may only designate a site for the purposes of this section if it appears to him that it is appropriate to designate the site in the interests of national security.

(4) The Scottish Ministers may only designate a site for the purposes of this section if—

(a) it is comprised in Crown Land; or

(b) it is comprised in land belonging to Her Majesty in Her private capacity or to the immediate heir to the Throne in his private capacity.

(5) It is a defence for a person charged with an offence under this section to prove that he did not know, and had no reasonable cause to suspect, that the site in relation to which the offence is alleged to have been committed was a designated Scottish site.

(6) A person guilty of an offence under this section is liable on summary conviction—

(a) to imprisonment for a term not exceeding 12 months, or

(b) to a fine not exceeding level 5 on the standard scale,

or to both.

(7) For the purposes of subsection (1), a person who is on any designated Scottish site without lawful authority does not acquire lawful authority by virtue of being allowed time to leave the site.

(8) In this section—

(a) ''site'' means the whole or part of any building or buildings, or any land, or both;

(b) ''Crown land'' means land in which there is a Crown interest.

(9) For this purpose ''Crown interest'' means an interest belonging to Her Majesty in right of the Crown.'.—[Caroline Flint.]

Brought up, read the First and Second time, and added to the Bill.