Deer (Scotland) Act 1959 (repealed 18.11.1996)

Part IIIS Prevention of Illegal Taking and Killing of Deer

22 Prohibition of poaching.S

Subject to section thirty-three of this Act, if any person without legal right or without permission from a person having such right takes or wilfully kills [F1or injures] deer on any land, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding [F2[F3level 4 on the standard scale] for each deer in respect of which the offence was committed or to imprisonment for a term not exceeding three months, or to both], and to the forfeiture of any deer illegally [F4taken or] killed by him or in his possession at the time of the offence:

23 Unlawful taking or killing of deer.S

(1)Subject to section thirty-three of this Act, any person who takes or wilfully kills [F6or injures] deer between the expiration of the first hour after sunset and the commencement of the last hour before sunrise shall be guilty of an offence.

(2)Subject to section thirty-three of this Act, it shall be an offence to take or wilfully kill [F7or injure] deer otherwise than by shooting, and shooting for the purposes of this section means discharging a firearm, as defined in [F8the M1Firearms Act 1968], other than a prohibited weapon.

[F9(2A) Subject to subsection (2B) below and section 33(1) of this Act, if any person—

(a)discharges any firearm, or discharges or projects any missile, from any aircraft at any deer; or

(b)notwithstanding the provisions of section 23(5) of this Act uses any aircraft for the purpose of transporting any live deer other than in the interior of the aircraft,

he shall be guilty of an offence.

(2B)Nothing in subsection (2A)(b) above shall make unlawful anything done by, or under the supervision of, a veterinary surgeon or practitioner.

(2C)In subsection (2B) above “veterinary practitioner” means a person who is for the time being registered in the supplementary register, and “veterinary surgeon” means a person who is for the time being registered in the register of veterinary surgeons.]

(3)Any person guilty of an offence against [F10subsection (1), (2) or (2A)] of this section shall be liable on summary conviction to a fine not exceeding [F11[F12level 4 on the standard scale] for each deer in respect of which the offence was committed] or to imprisonment for a term not exceeding three months, or to both such fine and imprisonment [F13and to the forfeiture of any deer illegally taken or killed by him or in his possession at the time of the offence].

[F14(3A) Any person who uses a vehicle to drive deer on unenclosed land with the intention of taking, killing or injuring them shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F12level 4 on the standard scale] or to imprisonment for a term not exceeding 3 months or to both.]

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15

(5)Nothing in the provisions of this section shall be construed as prohibiting a person having a legal right to take deer on any land, or a person with permission in writing from any such person as aforesaid, from taking a deer alive on that land in any manner which does not cause it unnecessary suffering.

[F1623A Firearms and ammunition.S

(1)The Secretary of State shall have power to make such order as he thinks fit regarding the classes of firearms, ammunition, sights and other equipment which may lawfully be used in connection with killing or taking deer, and the circumstances in which any class of firearms, ammunition, sights or other equipment may be so used.

(2)Before making an order under subsection (1) above the Secretary of State shall consult any organisations which in his opinion represent persons likely to be interested in or affected by the order.

(3)Any person who fails to comply with an order under subsection (1) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F17level 4 on the standard scale] in relation to each deer taken or killed or to imprisonment for a term not exceeding three months, or to both.

(4)No order shall be made under this section unless a draft of the order has been laid before Parliament and approved by a resolution of each House of Parliament.

(5)If any person uses any firearm or any ammunition for the purpose of wilfully injuring any deer, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F17level 4 on the standard scale]for each deer in respect of which the offence was committed or to imprisonment for a term not exceeding three months, or to both.]

24 Unlawful taking or killing of deer by two or more persons acting together.S

If two or more persons acting together do any act which would constitute an offence against [F18any of the three] last foregoing sections of this Act, every such person shall be liable—

(a)on summary conviction to a fine not exceeding [F19in respect of each deer taken or killed the statutory maximum, which in this section means the prescribed sum within the meaning of section 289B(6) of the M2Criminal Procedure (Scotland) Act 1975] or to imprisonment for a term not exceeding six months or to both such fine and imprisonment;

(b)on conviction on indictment to a fine. . . F20 or to imprisonment for a term not exceeding two years or to both such fine and imprisonment.

[F21and on any conviction to the forfeiture of any deer illegally taken or killed by him or in his possession at the time of the offence].

25 Unlawful possession of deer and firearms.S

(1)If any person is found in possession of any deer in circumstances which afford reasonable ground for suspecting that he has obtained possession of the deer as a result of his committing an offence against any of the provisions of Part II or of any order made thereunder or of sections twenty-two to twenty-four of this Act, that person may be charged with unlawful possession as aforesaid of such deer.

(2)If any person is found in possession of any firearm or ammunition in circumstances which afford reasonable ground for suspecting that he has used the firearm or ammunition for the purpose of committing an offence against any of the provisions of sections twenty-two to twenty-four of this Act, that person may be charged with unlawful possession as aforesaid of such firearm or ammunition.

(3)Where the court is satisfied that a person charged under either or both of the two last foregoing subsections obtained possession of the deer as a result of his committing an offence against any of the provisions of Part II or of any order made thereunder or of sections twenty-two to twenty-four of this Act, or, as the case may be, that he has used any firearm or ammunition for the purpose of committing an offence against any of the provisions of the said sections twenty-two to twenty-four, that person may be convicted of unlawful possession as aforesaid and dealt with in like manner as if he had been convicted of the said offence.

(4)It shall be lawful to convict a person charged under this section on the evidence of one witness.