Criminal Justice (Scotland) Act 2003 (asp 7)

SCHEDULE 3 Wildlife offences

(introduced by section 77)

1 The Wildlife and Countryside Act 1981 (c. 69) is amended in accordance with the following paragraphs.

2 In each of sections 6(8) (regulations as to dealing in dead wild birds etc. after having been convicted of an offence under Part I of the Act) and 7(3) (keeping or possessing certain birds after having been so convicted), for paragraphs (a) and (b) there is substituted “within five years of his having been convicted of—

(a) an offence under this Part (being an offence relating to the protection of birds or other animals); or

(b) any other offence involving their ill-treatment,”.

3 In section 7(4) (offence relating to disposal etc. of certain birds), for paragraphs (a) and (b) there is substituted “within five years of that person’s having been convicted of such an offence as is mentioned in subsection (3),”.

4 In section 19 (enforcement)—

(a) in subsection (1)(c), the words “if he fails to give his name and address to the constable’s satisfaction” are repealed; and

(b) in subsection (3), for paragraphs (a) and (b) there is substituted “an offence under this Part”.

5 In section 20 (summary prosecutions)—

(a) subsection (1) is repealed; and

(b) in subsection (2), for the words “to which this section applies” there is substituted “under this Part”.

6 In section 21 (penalties, forfeitures etc.)—

(a) for subsection (1) there is substituted—

“(1) Subject to subsection (5), a person guilty of an offence under any of sections 1 to 13 or section 17 shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.”;

(b) subsections (2) and (3) are repealed;

(c) in subsection (4), for paragraphs (a) and (b) there is substituted—

“(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.”; and

(d) in subsection (5), the words “(2) or (3)” are repealed.