36 Defence to sale etc of bladed articles to persons under 18: Scotland

36  Defence to sale etc of bladed articles to persons under 18: Scotland

(1)     The Criminal Justice Act 1988 is amended as follows.

(2)     In section 141A (sale or letting on hire of bladed articles to persons under 18) as that section has effect in Scotland, in each of subsections (3A) and (4), for “It” substitute “Except where section 141C applies, it”.

(3)     After section 141B (inserted by section 35(3)) insert—

“141C Defence to offence under section 141A where remote sale or letting on hire: Scotland

(1)     This section applies if—

(a)     a person (“the accused”) is charged with an offence under section 141A (sale or letting on hire of bladed articles to persons under 18), and

(b)     the accused was not in the presence of the person (“the recipient”) to whom the article to which the charge relates was sold or let on hire at the time

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