[F1(1)Subject to subsection (5), a person guilty of an offence under any of sections 1 to 13 or section 17 shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.]
(4)A person guilty of an offence under section 14 [F2or 14ZA] shall be liable—
(a)on summary conviction, [F3to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both];
(b)on conviction on indictment, [F3to imprisonment for a term not exceeding two years or to a fine, or to both].
[F4(4A)F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F6(4AA)Except in a case falling within subsection (4B) a person guilty of an offence under section 19XB(1), (2) or (3) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.]
(4B)A person guilty of an offence under [F7section 19XB(1)(a) or (2)(a)] in relation to a wildlife inspector [F8entering premises to ascertain whether an offence under section 14 or 14ZA is being or has been committed] shall be liable—
(a)on summary conviction, to a fine not exceeding the statutory maximum;
(b)on conviction on indictment, to a fine.
(4C)A person guilty of an offence under section [F919XB(4)] shall be liable—
(a)on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum, or to both;
(b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.
(4D)F10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]
(5)Where an offence to which subsection (1) F11. . . applies was committed in respect of more than one bird, nest, egg, other animal, plant or other thing, the maximum fine which may be imposed under that subsection shall be determined as if the person convicted had been convicted of a separate offence in respect of each bird, nest, egg, animal, plant or thing.
(6)The court by which any person is convicted of an offence under this Part—
(a)shall order the forfeiture of any bird, nest, egg, other animal, plant or other thing in respect of which the offence was committed; and
(b)may order the forfeiture of any vehicle, animal, weapon or other thing which was used to commit the offence and, in the case of an offence under section 14 [F12or 14ZA] , any animal or plant which is of the same kind as that in respect of which the offence was committed and was found in his possession.
(7)Any offence under this Part shall, for the purpose of conferring jurisdiction, be deemed to have been committed in any place where the offender is found or to which he is first brought after the commission of the offence.
Extent Information
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
Textual Amendments
F1S. 21(1) substituted for s. 21(1)-(3) (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 10(2)(6)
F2Words in s. 21(4)(6)(b) inserted (E.W.) (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 73(1); S.I. 2006/2541, art. 2
F3Words in s. 21(4)(a)(b) substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 9 para. 10(3)(a)(b)(6)
F4S. 21(4A)-(4D) inserted (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 10(4)(6)
F5S. 21(4A)(4D) omitted (31.5.2006) by virtue of Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 5(2); S.I. 2006/1382, art. 2
F6S. 21(4AA) inserted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 5(3); S.I. 2006/1382, art. 2
F7Words in s. 21(4B) substituted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 5(4)(a); S.I. 2006/1382, art. 2
F8Words in s. 21(4B) substituted (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 5(4)(b); S.I. 2006/1382, art. 2
F9Words in s. 21(4C) substituted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 5(5); S.I. 2006/1382, art. 2
F10S. 21(4A)(4D) omitted (31.5.2006) by virtue of Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 5(2); S.I. 2006/1382, art. 2
F11Words in s. 21(5) repealed (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 102, 103(2), Sch. 9 para. 10(5)(6), Sch. 16 Pt. IV
F12Words in s. 21(4)(6)(b) inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 73(1); S.I. 2006/2541, art. 2
Modifications etc. (not altering text)
C1S. 21(4AA)-(4C) applied (with modifications) (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 7-11; S.I. 2006/1382, art. 2
[F13(1)Subject to subsection (5), a person guilty of an offence under any of sections 1 to 13 [F14, 15A, 17, 19ZC (other than an offence under section 19ZC(7) in relation to a wildlife inspector acting in exercise of the power conferred by section 19ZC(3)(d)) or 19ZD] shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.]
(2)F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)A person guilty of an offence under section 14 [F16or 14A] shall be liable—
[F17(a)on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the [F18£40,000] , or to both;
(b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.]
[F19(4A)A person guilty of an offence under section 19ZC(7) in relation to a wildlife inspector acting in exercise of the power conferred by subsection (3)(d) of that section shall be liable—
(a)on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;
(b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.]
(5)Where an offence to which subsection (1), F20. . . applies was committed in respect of more than one bird, nest, egg, other animal, plant or other thing, the maximum fine which may be imposed under that subsection shall be determined as if the person convicted had been convicted of a separate offence in respect of each bird, nest, egg, animal, plant or thing.
(6)The court by which any person is convicted of an offence under this Part—
(a)shall order the forfeiture of any bird, nest, egg, other animal, plant or other thing in respect of which the offence was committed; and
(b)may order the forfeiture of any vehicle, animal, weapon or other thing which was used to commit the offence and, in the case of an offence under section 14 [F21or 14A], any animal or plant which is of the same kind as that in respect of which the offence was committed and was found in his possession.
(7)Any offence under this Part shall, for the purpose of conferring jurisdiction, be deemed to have been committed in any place where the offender is found or to which he is first brought after the commission of the offence.
Extent Information
E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
Textual Amendments
F13S. 21(1) substituted (S.) (26.3.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 77, 89(2)(b), Sch. 3 para. 6(a)
F14Words in s. 21(1) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 19(a); S.S.I. 2004/407, art. 2
F15S. 21(2)(3) repealed (S.) (26.3.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 77, 89(2)(b), Sch. 3 para. 6(b)
F16Words in s. 21(4) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 19(b)(i); S.S.I. 2004/407, art. 2
F17S. 21(4)(a)(b) substituted (S.) (26.3.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 77, 89(2)(b), Sch. 3 para. 6(c)
F18Words in s. 21(4)(a) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 19(b)(ii); S.S.I. 2004/407, art. 2
F19S. 21(4A) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 19(c); S.S.I. 2004/407, art. 2
F20Words in s. 21(5) repealed (S.) (26.3.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 77, 89(2)(b), Sch. 3 para. 6(d)
F21Word in s. 21(6)(a) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 19(d); S.S.I. 2004/407, art. 2