HC Deb 18 April 1995 vol 258 cc75-6W
Mr. McMaster

To ask the Secretary of State for Scotland what plans he has to amend the laws on loitering; and if he will make a statement. [18983]

Lord James Douglas-Hamilton

There is no criminal offence of loitering in Scotland and there are no plans to introduce one.

A law against loitering would unduly restrict the rights of assembly and movement of law-abiding citizens. Instead, there are a number of common law and statutory offences which target specific types of anti-social and criminal behaviour associated with loitering. In particular, section 46 of the Civic Government (Scotland) Act 1982 makes it an offence for any person to loiter in a public place for the purposes of prostitution. Section 53 of the same Act makes it an offence for a pedestrian in a public place wilfully to obstruct the lawful passage of others. In addition, behaviour likely to cause alarm or annoyance may constitute the common law crime of breach of the peace.