Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14) - Explanatory Notes

Explanatory Notes

Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020

2020 asp 14

21 July 2020

Commentary on Sections

Chapter 1 – Animal welfare, animal health and wildlife: offences and penalties

Wildlife offences: penalties

Section 10 – Deer (Scotland) Act 1996: penalties for offences

81. This section amends schedule 3 (penalties) of the Deer (Scotland) Act 1996 (“the Deer Act”).

82. Schedule 3 (penalties) of the Deer Act sets out penalties for offences under sections 17(3), 21(5) and 22 of the Deer Act.

83. Section 10 of the Act amends schedule 3 of the Deer Act to provide that a person who commits an offence under sections 17(3), 21(5) and 22 is liable on summary conviction to imprisonment for a term not exceeding 12 months or a fine not exceeding £40,000 (or both), and on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both).

84. The effect of this that the offences under sections 17(3), 21(5) and 22 are now triable under summary or solemn procedure and subject to the higher maximum penalties.