Explanatory Notes

Wildlife Management and Muirburn (Scotland) Act 2024

2024 asp 4

30 April 2024

The Act

Part 3—Miscellaneous and general provisions

Enforcement provisions

Section 30—Crown application: criminal offences

118.The Act will apply to the Crown by virtue of section 20 of the ILRA 2010. In line with usual practice for Acts of the Scottish Parliament, section 23 has the effect that the Crown cannot be found criminally liable in terms of the offences created by the Act. However, through the mechanism in subsection (2), any unlawful conduct on the part of Crown bodies can be declared unlawful by the Court of Session. Subsection (3) has the effect that this section does not exempt civil servants etc. from criminal prosecution.