10 Enforcement penalties, etc.

1

Where a constable has reasonable grounds for suspecting that any person is committing an offence under this Act, or has committed an offence under this Act and that evidence of the commission of the offence is to be found on that person or any vehicle or article he may have with him, the constable may—

a

without warrant stop and search that person and search any vehicle or article he may have with him;

F2b

without warrant arrest that person if he fails to give his full name and address to the constable’s satisfaction; and

c

seize and detain for the purposes of proceedings under this Act F3anything which may be evidence of the commission of the offence or may be liable to be forfeited under subsection (3) below.

F42

Any person guilty of an offence under this Act shall be liable on summary conviction—

a

in the case of an offence under section 1 or 2, to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both;

b

in the case of an offence under section 3 or 4, to a fine not exceeding that level; and

c

in the case of an offence under section 5, to a fine not exceeding level 3 on that scale;

Provided that where the offence was committed in respect of more than one badger, the maximum fine which may be imposed under F5paragraph (a) or (b)of this subsection shall be determined as if the person convicted has been convicted of a separate offence in respect of each badger.

3

The court before whom any person is convicted of an offence under this Act shall order the forfeiture of any badger or skin thereof in respect of which the offence was committed and may, if they think fit, order the forfeiture of any weapon or article in respect of or by means of which the offence was committed.

10 Enforcement penalties, etc.

1

Where a constable has reasonable grounds for suspecting that any person is committing an offence under this Act, or has committed an offence under this Act and that evidence of the commission of the offence is to be found on that person or any vehicle or article he may have with him, the constable may—

a

without warrant stop and search that person and search any vehicle or article he may have with him;

F6b

without warrant arrest that person if he fails to give his full name and address to the constable’s satisfaction; and

c

seize and detain for the purposes of proceedings under this Act F7anything which may be evidence of the commission of the offence or may be liable to be forfeited under subsection (3) below.

F82

Any person guilty of an offence under this Act shall be liable on summary conviction—

a

in the case of an offence under section 1 or 2, to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both;

b

in the case of an offence under section 3 or 4, to a fine not exceeding that level; and

c

in the case of an offence under section 5, to a fine not exceeding level 3 on that scale;

Provided that where the offence was committed in respect of more than one badger, the maximum fine which may be imposed under F9paragraph (a) or (b)of this subsection shall be determined as if the person convicted has been convicted of a separate offence in respect of each badger.

3

The court before whom any person is convicted of an offence under this Act shall order the forfeiture of any badger or skin thereof in respect of which the offence was committed and may, if they think fit, order the forfeiture of any weapon or article in respect of or by means of which the offence was committed.