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.
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