1 Prevention of poaching.E+W
(1)Subject to subsection (3) below, if any person enters any land without the consent of the owner or occupier or other lawful authority in search or pursuit of any deer with the intention of taking, killing or injuring it, he shall be guilty of an offence.
(2)Subect to subsection (3) below, if any person while on any land—
(a)intentionally takes, kills or injures, or attempts to take, kill or injure, any deer;
(b)searches for or pursues any deer with the intention of taking, killing or injuring it; or
(c)removes the carcase of any deer,
without the consent of the owner or occupier of the land or other lawful authority, he shall be guilty of an offence.
(3)A person shall not be guilty of an offence under subsection (1) or (2) above by reason of anything done in the belief that—
(a)he would have the consent of the owner or occupier of the land if the owner or occupier knew of his doing it and the circumstances of it; or
(b)he has other lawful authority to do it.
(4)If any authorised person suspects with reasonable cause that any person is committing or has committed an offence under subsection (1) or (2) above on any land, he may require that person—
(a)to give his full name and address; and
(b)to quit that land forthwith;
and any person who fails to comply with a requirement under this subsection shall be guilty of an offence.
(5)Subject to subsection (6) below, a person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding [F1level 4 on the standard scale] or to imprisonment for a term not exceeding three months or to both.
(6)Where an offence under this section was committed in respect of more than one deer the maximum fine which may be imposed under subsection (5) above shall be determined as if the person convicted had been convicted of a separate offence in respect of each deer.
(7)In this section “authorised person”, in relation to any land, means the owner or occupier or any person authorised by the owner or occupier of the land, and includes any person having the right to take or kill deer on the land.
Textual Amendments
F1Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46