Schedule: Enforcement powers
216.The schedule contains the detail of the enforcement powers referred to in section 18.
217.The definition of relevant offence in paragraph 1 means that these powers can be used in relation to any offence under the Act, other than the offence contained in paragraph 16 of the schedule itself.
218.Paragraph 2 allows a constable to enter any premises other than domestic premises if there are reasonable grounds for suspecting that an offence has been or is being committed. The definition of constable is set out in section 27. Definitions of premises and domestic premises are set out in paragraph 1. The definition of premises includes land. By virtue of schedule 1 of the Interpretation and Legislative Reform (Scotland) Act 2010, land includes buildings and other structures.
219.Paragraph 3 provides that a sheriff or justice of the peace may grant a warrant if satisfied that the requirements set out in that paragraph are met. By virtue of section 45 of the Courts Reform (Scotland) Act 2014, the power to grant a warrant will extend to a summary sheriff.
220.Paragraph 4 sets out what that warrant would allow a constable to do.
221.Under paragraph 5, a constable may enter premise and search for, examine and seize items without a warrant if it appears that a delay would frustrate the purpose for which the powers to be exercised (for example, if items of evidence might be destroyed). This power cannot be exercised in relation to domestic premises.
222.Paragraph 6 sets out the circumstances in which an animal or vehicle can be seized.
223.Paragraph 7 provides that a thing seized must be returned when it is no longer required to be used in proceedings or to be forfeited under Part 2 of the Proceeds of Crime (Scotland) Act 1995. This does not apply to perishable things which no longer have any commercial value.
224.Paragraph 8 provides that a constable in uniform may stop and detain a vehicle or vessel.
225.Paragraphs 9 to 13 and 15 make supplementary provision in relation to powers of entry and associated powers. In particular, paragraph 13(2) allows the carrying out of tests on and taking of samples from an animal including the carcase of an animal (both of which are defined in section 27). This might be used, for example, to ascertain whether an animal had been involved in the commission of an offence under section 1 of the Act by comparing samples taken from the animal with samples taken from a dead wild mammal.
226.Paragraph 14 requires the persons specified in sub-paragraph (2) to comply with any reasonable direction made by a constable and in particular to give such information and assistance as the constable may reasonably require. Contravening this requirement is an offence under paragraph 16. Paragraph 16 also makes it an offence to intentionally obstruct a constable exercising a power under the schedule, and sets out penalties for these offences.
227.Paragraph 17 provides that the powers conferred by the schedule do not affect any powers conferred on constables apart from the schedule (for example, in another Act).
