The Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995

Enforcement

67.—(1) If a constable suspects with reasonable cause that any person is committing or has committed an offence under Part III, the constable may without warrant—

(a) stop and search that person if the constable suspects with reasonable cause that evidence of the commission of the offence is to be found on that person;

(b) search or examine any animal or thing which that person may be using or have in his possession if the constable suspects with reasonable cause that evidence of the commission of the offence is to be found on that animal or thing;

(c) seize and detain for the purposes of proceedings under that Part anything which may be evidence of the offence or may be liable to be forfeited under regulation 69.

(2) If a constable suspects with reasonable cause that any person is committing an offence under Part III, he may, for the purpose of exercising the powers conferred by paragraph (1) or arresting a person in accordance with Article 27 of the Police and Criminal Evidence (Northern Ireland) Order 1989(1), enter any land other than a dwelling house.

(3) If a justice of the peace is satisfied on a sworn complaint in writing that there are reasonable grounds for suspecting that an offence under regulations 34, 36 or 38 has been committed and that evidence of the offence may be found on any premises, he may grant a warrant to any constable (with or without other persons) to enter upon and search those premises for the purpose of obtaining that evidence.

(4) Where, under paragraph (1)(c), a constable seizes and detains any animal, he shall as soon as conveniently may be produce that animal to a magistrates' court and the court may order the animal to be sold, liberated or destroyed.

(5) Where in relation to any animal sold under paragraph (4), the person from whom that animal was seized—

(a) is convicted of an offence under Part III, the proceeds of the sale shall be added to and dealt with in the same manner as any fine imposed in respect of the offence;

(b) is not so convicted, the proceeds of the sale shall be handed over to him.

(6) A constable who, in pursuance of an order under paragraph (4), sells, liberates or destroys any animal seized under paragraph (1)(c), shall not be liable to legal proceedings for any such sale, liberation or destruction or for any loss caused by such sale, liberation or destruction.

(1)

S.I. 1989/1341 (N.I. 12)