| Enactment | Offence | Penalty | |
|---|---|---|---|
| (a) on summary conviction | (b) on conviction on indictment | ||
| 5(5) | Taking, killing or injuring deer in close season | a fine of level 4 on the standard scale for each deer in respect of which the offence is committed or 3 months imprisonment or both | |
| 13(1) | Failure to comply with control scheme | a fine of [F1£40,000] or 3 months imprisonment or both | |
| 13(2) | Obstruction of authorised person | a fine of level 3 on the standard scale or 3 months imprisonment or both | |
| 17(1) | Poaching | a fine of level 4 on the standard scale for each deer in respect of which the offence is committed or 3 months imprisonment or both | |
| 17(2) | Removal of deer carcase without right or permission | a fine of level 4 on the standard scale for each deer carcase in respect of which the offence is committed or 3 months imprisonment or both | |
| [F217(3)] | [F2Killing or injuring deer otherwise than by shooting] | [F3a fine of £40,000 for each deer in respect of which the offence is committed or 12 months imprisonment or both] | [F4a fine or imprisonment for a term of 5 years or both] |
| [F517A(4)] | [F5Shooting deer when not registered or supervised] | [F5a fine of level 4 on the standard scale for each deer in respect of which the offence is committed or 3 months imprisonment or both] | |
| [F617A(6)(a) or (b)] | Failure to submit cull return or making false or misleading cull return | a fine of level 3 on the standard scale or 3 months imprisonment or both | |
| [F717A(6)(aa) | Failure to submit cull return | a fine of level 3 on the standard scale] | |
| 18(1) | Taking or killing at night | a fine of level 4 on the standard scale for each deer in respect of which the offence is committed or 3 months imprisonment or both | |
| 19(1) | Use of vehicle to drive deer | a fine of level 4 on the standard scale or 3 months imprisonment or both | |
| 20(1) | Offences connected with use of vehicles and aircraft | a fine of level 4 on the standard scale for each deer in respect of which the offence is committed or 3 months imprisonment or both | |
| 21(3)F8... | [F9Breach of firearms order] | a fine of level 4 on the standard scale for each deer in respect of which the offence is committed or 3 months imprisonment or both | |
| [F1021(5)] | [F10Firearms and ammunition: wilfully injuring deer] | [F10a fine of £40,000 for each deer in respect of which the offence is committed or 12 months imprisonment or both] | [F10a fine or imprisonment for a term of 5 years or both] |
| 22 | Unlawful killing, taking or injuring of deer or breach of firearms order by more than one person | [F11a fine of £40,000 in respect of each deer killed, taken or injured or 12 months imprisonment or both] | a fine or imprisonment for a term [F12of 5] years or both |
| 23(1) | Illegal possession of deer or firearms | a fine of level 4 on the standard scale or 3 months imprisonment or both | |
| 24(a) | Attempting to commit certain offences | the same penalty as may be imposed in respect of the offence attempted. | |
| 24(b) | Acts preparatory to the commission of certain offences | the same penalty as may be imposed for the offence, subject to a maximum of a fine not exceeding level 4 on the standard scale or 3 months imprisonment or both | |
| 31(3)(c) | Failure to surrender cancelled firearm or shotgun certificate. | a fine of level 2 on the standard scale. | |
| 36(1) | Unauthorised sale etc. of venison | a fine of level 3 on the standard scale | |
| 36(4) | Sale etc. of unlawfully killed deer | a fine of level 4 on the standard scale or 3 months imprisonment or both | |
| 36(5) | Failure to comply with section 34 | a fine of level 2 on the standard scale | |
| 36(6) | Obstruction of person carrying out inspection under section 34 | a fine of level 3 on the standard scale | |
| 40(4) | Failure to make, or making false, return of number of deer killed. | a fine of level 3 on the standard scale or 3 months imprisonment or both. | |
| [F1340A(3) | Failure to make return of number of deer planned to be killed. | a fine of level 3 on the standard scale.] | |
Textual Amendments
F1Words in Sch. 3 substituted (28.6.2016) by Land Reform (Scotland) Act 2016 (asp 18), ss. 82, 130(1) (with s. 128); S.S.I. 2016/193, reg. 2(1), Sch.
F2 Entry in Sch. 3 inserted (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6) , s. 59(2) , Sch. 7 para. 11 (with s. 55(2) ); S.S.I. 2004/495 , art. 2
F3Words in Sch. 3 substituted (30.11.2020) by Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), ss. 10(a)(i), 22(2); S.S.I. 2020/379, reg. 2(1), sch. (with reg. 3)
F4Words in Sch. 3 inserted (30.11.2020) by Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), ss. 10(a)(ii), 22(2); S.S.I. 2020/379, reg. 2(1), sch. (with reg. 3)
F5 Entries in Sch. 3 inserted (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6) , ss. 30(9) , 43(1) (with s. 41(1) ); S.S.I. 2011/433 , art. 2(1)(f)
F6 Words in Sch. 3 substituted (28.6.2016) by Land Reform (Scotland) Act 2016 (asp 18) , ss. 81(5)(a) , 130(1) (with s. 128 ); S.S.I. 2016/193 , reg. 2(1) , Sch.
F7 Entry in Sch. 3 inserted (28.6.2016) by Land Reform (Scotland) Act 2016 (asp 18) , ss. 81(5)(b) , 130(1) (with s. 128 ); S.S.I. 2016/193 , reg. 2(1) , Sch.
F8Word in Sch. 3 repealed (30.11.2020) by Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), ss. 10(b)(i), 22(2); S.S.I. 2020/379, reg. 2(1), sch. (with reg. 3)
F9Words in Sch. 3 substituted (30.11.2020) by Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), ss. 10(b)(ii), 22(2); S.S.I. 2020/379, reg. 2(1), sch. (with reg. 3)
F10Words in Sch. 3 inserted (30.11.2020) by Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), ss. 10(c), 22(2); S.S.I. 2020/379, reg. 2(1), sch. (with reg. 3)
F11Words in Sch. 3 substituted (30.11.2020) by Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), ss. 10(d)(i), 22(2); S.S.I. 2020/379, reg. 2(1), sch. (with reg. 3)
F12Words in Sch. 3 substituted (30.11.2020) by Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), ss. 10(d)(ii), 22(2); S.S.I. 2020/379, reg. 2(1), sch. (with reg. 3)
F13 Entry in Sch. 3 inserted (28.6.2016) by Land Reform (Scotland) Act 2016 (asp 18) , ss. 81(5)(c) , 130(1) (with s. 128 ); S.S.I. 2016/193 , reg. 2(1) , Sch.