Wild Mammals (Protection)
Act 1996
An Act to make provision
for the protection of wild mammals from
certain cruel acts; and for connected
purposes.
[29th February 1996]
BE IT ENACTED by
the Queens' 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:-
Offences.
1. 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.
Exceptions from offence
under the Act.
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
had
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.
Interpretation.
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 191 or the Protection of Animals
(Scotland) Act 1912.
Powers of constable.
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 ofthis Act.
Penalties.
5.
(1) A person guilty
ofan 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.
Court powers of confiscation
&c.
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
.
Citation, commencement
and extent.
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 also not apply there.