Game Act 1831

31 Trespassers in search of game may be required to quit the land, and to tell their names and abodes, and in case of refusal may be arrested. Penalty. Persons arrested must be discharged unless brought before a justice within 12 hours. U.K.

Where any person shall be found on any land . . . F1 in the day-time, in search or pursuit of game, or woodcocks, snipes, . . . F2 or conies, it shall be lawful for any person having the right of killing the game upon such land, by virtue of any reservation or otherwise, as herein-before mentioned, or for the occupier of the land (whether there shall or shall not be any such right by reservation or otherwise), or for any gamekeeper or servant of either of them, or for any person authorized by either of them, . . . F3 . . . F1 , to require the person so found forthwith to quit the land whereon he shall be so found, and also to tell his christian name, surname, and place of abode; and in case such person shall, after being so required, offend by refusing to tell his real name or place of abode, or by giving such a general description of his place of abode as shall be illusory for the purpose of discovery, or by wilfully continuing or returning upon the land, it shall be lawful for the party so requiring as aforesaid, and also for any person acting by his order and in his aid, to apprehend such offender, and to convey him or cause him to be conveyed as soon as conveniently may be before a justice of the peace; and such offender (whether so apprehended or not), upon being convicted of any such offence before a justice of the peace, shall forfeit and pay such sum of money, not exceeding [F4 level 1 on the standard scale] , as to the convicting justice shall seem meet, . . . F5 : Provided always, that no person so apprehended shall, on any pretence whatsoever, be detained for a longer period than twelve hours from the time of his apprehension until he shall be brought before some justice of the peace; and that if he cannot, on account of the absence or distance of the residence of any such justice of the peace, or owing to any other reasonable cause, be brought before a justice of the peace within such twelve hours as aforesaid, then the person so apprehended shall be discharged, but may nevertheless be proceeded against for his offence by summons or warrant, according to the provisions herein-after mentioned, as if no such apprehension had taken place.

Textual Amendments

F1 Words repealed by Wild Creatures and Forest Laws Act 1971 (c. 47), Sch.

F2 Words repealed by Protection of Birds Act 1954 (c. 30), Sch. 6

F3 Words repealed by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), Sch. 7 Pt. I

F4 Words substituted by virtue of Criminal Law Act 1977 (c. 45, SIF 39:1), s. 31 and Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46

F5 Words repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. I