Game Preservation Act (Northern Ireland) 1928

6 Powers of police to enforce enactments relating to game. N.I.

(1) Every officer or constable who has reasonable ground to suspect that any person is or has been guilty of an offence under this Act, or under any of the enactments enumerated in the Schedule to this Act, shall have power to do all or any of the following things, that is to say:—

(a) To stop and search any person conveying or believed to be conveying game, and to inspect any game which such person is found to be conveying, and for that purpose to open and search any vehicle or package in which such game is or may be or is believed to be conveyed;

(b) At all reasonable times to enter upon and have free access to the interior of—

(i) any premises in which game is or is believed to be sold, or kept, exposed, or stored for sale; or

(ii) the premises of any person engaged in the business of carrying goods for reward; or

(iii) any pier, quay, wharf, jetty, dock or dock premises; or

(iv) any ship, boat, railway wagon, motor lorry, cart, or other vessel or vehicle used for the conveyance of goods;

(c) To examine all game found in any place which he is authorised by this section to enter, and for that purpose to open any package found in such place and containing or believed to contain game;

(d) To take, remove, and detain in his custody any game (either together with or without any package in which the same may be contained) found in the course of the exercise of any of the powers conferred by this section, in respect of which an offence under this Act or any of the enactments enumerated in the Schedule to this Act is being or is suspected of being committed, or which has been or is suspected of having been illegally obtained;

F1 [(dd) To take, remove and detain in his custody any trap, net, snare or other instrument whatsoever used or capable of being used for the destruction or taking of game, and in the possession of a person suspected of having committed an offence under this Act or any of the enactments enumerated in the Schedule to this Act;]

(e) To demand and take the name and address of the person having custody of any game, and also to demand and take from such person the name and address of the owner or consignor of such game.

F2 [(2) Where any officer or constable takes and detains in his custody any game under the authority of paragraph (d) or any instrument under the authority of paragraph (dd) of the preceding sub-section, he shall as soon as conveniently may be take such steps as may be proper to have the person guilty or believed to be guilty of the offence committed, or believed to have been committed, in relation to or by means of the game or instrument so taken and detained, brought before a court of summary jurisdiction; and where that person is convicted of any offence in respect of the game or instrument so taken and detained, the court may, subject, in relation to game, to the provisions of the next succeeding sub-section, order such game or instrument to be sold or destroyed.]

F3 [(2A) Where any officer or constable takes and detains in his custody any game under the authority of paragraph (d) of sub-section (1) of this section, he shall as soon as conveniently may be, unless such game has previously been dealt with under the last preceding sub-section, produce it to a justice of the peaceF4 , who may authorise it to be sold or destroyed. If no person is convicted of an offence in respect of such game, that game, or the proceeds of the sale thereof authorised as aforesaid, shall be restored, or paid, to the person from whom such game was seized; and an officer or constable who, by direction of a justice given in writing, sells or destroys any game so seized as aforesaid shall not be liable to any penalty in respect of such sale, or for any loss caused by such sale or destruction.

(2B) Where a person is convicted of an offence in respect of any game or instrument sold under sub-section (2) or sub-section (2A) of this section, the proceeds of such sale shall be added to and dealt with in the same manner as any penalty imposed for such offence.]

(3) No officer or constable shall be liable for any loss or damage occasioned by or in the course of the exercise of any of the powers conferred on him by this section, unless such loss or damage was caused by such officer or constable wantonly or maliciously.

(4) Every person who obstructs or impedes any officer or constable in the exercise of any of the powers conferred on him by this section, or refuses to give his own name and address, or the name and address (so far as known to him) of the owner or consignor of any game, when such name and address are demanded under the powers conferred by paragraph (e) of sub-section (1) of this section, shall be guilty of an offence under this Act.

F1 1951 c.4 (NI)

F2 1951 c.4 (NI)

F3 1951 c.4 (NI)

F4 1981 NI 26