Protection of Badgers Act 1992

Enforcement and penalties

11Powers of constables

Where a constable has reasonable grounds for suspecting that a person is committing an offence under the foregoing provisions of this Act, or has committed an offence under those provisions or those of the [1973 c. 57.] Badgers Act 1973 and that evidence of the commission of the offence is to be found on that person or any vehicle or article 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;

(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 forfeited under section 12(4) below;

(c)in Scotland arrest that person without warrant if he fails to give his full name and address to the constable’s satisfaction.

12Penalties and forfeiture

(1)A person guilty of an offence under section 1(1) or (3), 2 or 3 above is liable on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale or both; and a person guilty of an offence under section 4, 5 or 10(8) above or 13(7) below is liable on summary conviction to a fine not exceeding that level.

(2)Where an offence was committed in respect of more than one badger the maximum fine which may be imposed under subsection (1) above shall be determined as if the person convicted had been convicted of a separate offence in respect of each badger.

(3)A person guilty of an offence under section 1(5) above is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4)The court by which a person is convicted of an offence under this Act shall order the forfeiture of any badger or badger skin in respect of which the offence was committed and may, if they think fit, order the forfeiture of any weapon or article in respect of or by means of which the offence was committed.

13Powers of court where dog used or present at commission of offence

(1)Where a dog has been used in or was present at the commission of an offence under sections 1(1), 2 or 3 above, the court, on convicting the offender, may, in addition to or in substitution for any other punishment, make either or both of the following orders—

(a)an order for the destruction or other disposal of the dog;

(b)an order disqualifying the offender, for such period as it thinks fit, for having custody of a dog.

(2)Where the court makes an order under subsection (1)(a) above, it may—

(a)appoint a person to undertake the destruction or other disposal of the dog and require any person having custody of the dog to deliver it up for that purpose; and

(b)order the offender to pay such sum as the court may determine to be the reasonable expenses of destroying or otherwise disposing of the dog and of keeping it pending its destruction or disposal.

(3)Where an order under subsection (1)(a) above is made in relation to a dog owned by a person other than the offender, the owner of the dog may appeal to the Crown Court against the order.

(4)A dog shall not be destroyed pursuant to an order under subsection (1)(a) above—

(a)until the end of the period within which notice of appeal to the Crown Court against the order can be given; and

(b)if notice of appeal is given in that period, until the appeal is determined or withdrawn,

unless the owner of the dog gives notice to the court which made the order that he does not intend to appeal against it.

(5)A person who is disqualified for having custody of a dog by virtue of an order made under subsection (1)(b) above may, at any time after the end of the period of one year beginning with the date of the order, apply to the court that made it (or any magistrates' court acting for the same petty sessions area as that court) for a direction terminating the disqualification.

(6)On an application under subsection (5) above the court may—

(a)having regard to the applicant’s character, his conduct since the disqualification was imposed and any other circumstances of the case, grant or refuse the application; and

(b)order the applicant to pay all or any part of the costs of the application;

and where an application in respect of an order is refused no further application in respect of that order shall be entertained if made before the end of the period of one year beginning with the date of the refusal.

(7)Any person who—

(a)has custody of a dog in contravention of an order under subsection (1)(b) above; or

(b)fails to comply with a requirement imposed on him under subsection (2)(a) above,

is guilty of an offence.

(8)A sum ordered to be paid by an order under subsection (2)(b) above shall be recoverable summarily as a civil debt.

(9)In the application of this section to Scotland—

(a)in subsection (3), for the words “Crown Court against the order” there shall be substituted the words “High Court of Justiciary against the order within the period of seven days beginning with the date of the order”;

(b)for subsection (4)(a) there shall be substituted—

“(a)until the end of the period of seven days beginning with the date of the order”; and

(c)in subsection (5), the words “(or any magistrates' court acting for the same petty sessions area as that court)” shall be omitted.

14Interpretation

In this Act—

• “ammunition” has the same meaning as in the [1968 c. 27.] Firearms Act 1968;

• “badger” means any animal of the species Meles meles;

• “badger sett” means any structure or place which displays signs indicating current use by a badger;

• “firearm” has the same meaning as in the Firearms Act 1968;

• “sale” includes hire, barter and exchange and cognate expressions shall be construed accordingly.

15Short title, repeals, commencement and extent

(1)This Act may be cited as the Protection of Badgers Act 1992.

(2)The enactments mentioned in the Schedule to this Act are repealed to the extent specified in the third column of that Schedule.

(3)This Act shall come into force at the end of the period of three months beginning with the day on which it is passed.

(4)This Act does not extend to Northern Ireland.