Wild Mammals (Protection) Act 1996

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© Crown Copyright 1996

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1996
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Stationary Office Limited as the Wild Mammals (Protection) Act 1996,
ISBN 0 10 540396 2.
  
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Wild Mammals (Protection) Act 1996
1996 Chapter 3

An Act to make provision for the protection of wild mammals from certain cruel acts; and for connected purposes.
[29th February 1996]

ARRANGEMENT OF SECTIONS

   1. Offences.
   2. Exceptions from offence under the Act.
   3. Interpretation.
   4. Powers of constable.
   5. Penalties.
   6. Court powers of confiscation &c.
   7. Citation, commencement and extent.

  Be it enacted by the Queen's most Excellent Majesty,
   by and with the advice and consent of the Lords Spiritual
   and Temporal, and Commons, in this Present Parliament
   assembled, and by the authority of the same, as follows:--


   1. If, save as permitted by this Act, any person mutilates, kicks, beats,
nails or otherwise impales, stabs, burns, stones, crushes, drowns, drags or
asphyxiates any wild mammal with intent to inflict unnecessary suffering he
shall be guilty of an offence.

   2. A person shall not be guilty of an offence under this Act by reason of--

          (a) the attempted killing of any such wild mammal as an act of mercy
          if he shows that the mammal had been so seriously disabled otherwise
          than by his unlawful act that there was no reasonable chance of its
          recovering;

          (b) the killing in a reasonably swift and humane manner of any such wild
          mammal if he shows that the wild mammal has been injured or taken in
          the course of either lawful shooting, hunting, coursing or pest control
          activity;

          (c) doing anything which is authorised by or under any enactment;

          (d) any act made unlawful by section 1 if the act was done by means
          of any snare, trap, dog, or bird lawfully used for the purpose of
          killing or taking any wild mammal; or

          (e) the lawful use of any poisonous or noxious substance on any wild
          mammal.

   3. In this Act "wild mammal" means any mammal which is not a domestic
or captive animal within the meaning of the Protection of Animals Act 1911
or the Protection of Animals (Scotland) Act 1912.

   4. Where a constable has reasonable grounds for suspecting that a person
has committed an offence under the provisions of this Act and that evidence
of the commission of the offence may be found on that person or in or on any
vehicle he may have with him, the constable may--

          (a) without warrant, stop and search that person and any vehicle or
article he may have with him; and

          (b) seize and detain for the purposes of proceedings under any of
those provisions anything which may be evidence of the commission of
the offence or may be liable to be confiscated under section 6 of this Act.

   5.--(1) A person guilty of an offence under this Act shall be liable on
summary conviction to a fine not exceeding level 5 on the standard scale; or
a term of imprisonment not exceeding six months, or both.

    (2) Provided that where the offence was committed in respect of more
than one wild mammal, the maximum fine which may be imposed shall be
determined as if the person had been convicted of a separate offence in
respect of each such wild mammal.

   6.--(1) The court before whom any person is convicted under this Act
may, in addition to any other punishment, order the confiscation of any
vehicle or equipment used in the commission of the offence.

    (2) The Secretary of State may, by regulations made by statutory
instrument and subject to annulment in pursuance of a resolution of either
House of Parliament, make provision for the disposal or destruction in
prescribed circumstances of any vehicle or equipment confiscated under
this section.

   7.--(1) This Act may be cited as the Wild Mammals (Protection) Act
1996.

    (2) This Act shall come into force with the expiration of the period of
two months beginning with its passing.

    (3) This Act shall not apply to Northern Ireland.

    (4) Section 6 of this Act shall not apply to Scotland, and so much of
section 4 as refers to that section shall not apply there.