Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020

Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020

2020 asp 14

Commentary on Sections

Chapter 1 – Animal welfare, animal health and wildlife: offences and penalties

Wildlife offences: penalties

Section 11 – Wild Mammals (Protection) Act 1996

85. This section amends section 5 (penalties) of the Wild Mammals (Protection) Act 1996 (“the 1996 Act”). Section 5(1) (penalties) previously provided that a person who committed an offence (mutilating, kicking, beating, nailing or otherwise impaling, stabbing, burning, stoning, crushing, drowning, dragging or asphyxiating any wild mammal with intent to inflict unnecessary suffering) under the 1996 Act was liable on summary conviction to a fine not exceeding level 5 on the standard scale, or a term of imprisonment not exceeding 6 months or both.

86. Section 11 of the Act substitutes section 5(1) of the 1996 Act with a new section 5(1). The new subsection provides that a person who commits an offence under the 1996 Act is liable on summary conviction to imprisonment for a term not exceeding 12 months or a fine not exceeding £40,000 or both, or on conviction on indictment to imprisonment for a term not exceeding 5 years or a fine or both.

87. The effect of this is that the offences under the 1996 Act are now triable under summary or solemn procedure and subject to the higher maximum penalties.