Deer (Amendment) (Scotland) Act 1982 (repealed 18.11.1996)

Section 14.

SCHEDULE 1 S Penalties

Modifications etc. (not altering text)

C1 The amendments of the amounts of the fines referred to in column 2 relating to the enactments in the 1959 Act referred to in column 1 of the Schedule have themselves been amended by virtue of the Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G and for those amendments reference should be made to the Deer (Scotland) Act 1959 (c. 40, SIF 4:3).

Enactment	Amendment	Present penalty	New penalty
1	2	3	4
Section 5(2) (offences relating to returns of deer killed).	For the words from “twenty pounds" to “fifty pounds" substitute the words “ £200" ”.	(a) for a first offence, £20;
		(b) for a second or subsequent offence, £50 or 3 months or both.	£200 or 3 months or both.
Section 9(2) (failure to comply with requirements of control scheme).	For the words from “fifty pounds" to “one hundred pounds" substitute the words “ £500" ”.	(a) for a first offence, £50;
		(b) for a second or subsequent offence, £100 or 3 months or both.	£500 or 3 months or both.
Section 17 (obstructing an authorised person).	For the words from “fifty pounds" to “one hundred pounds" substitute the words “ £200" ”.	(a) for a first offence, £50;
		(b) for a second or subsequent offence, £100 or 3 months or both.	£200 or 3 months or both.
Section 21(5) (killing or injuring deer in close season).	For the words from “twenty pounds" to “fifty pounds" substitute the words “ £500 for each deer in respect of which the offence was committed" ”, and at the end add the words “ and to the forfeiture of any deer in respect of which the offence was committed" ”.	(a) for a first offence, £20;
		(b) for a second or subsequent offence, £50 or 3 months or both.	£500 per deer or 3 months or both, and forfeiture of deer.
Section 22 (poaching).	For the words “twenty pounds" substitute the words “ £500 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 after the word “illegally" insert the words “ taken or" ”.	£20 and forfeiture of deer.	£500 per deer or 3 months or both, and forfeiture of deer.
Section 23(3) (unlawful taking, killing or injuring of deer).	For the words from “twenty pounds" to “fifty pounds" substitute the words “ £500 for each deer in respect of which the offence was committed" ”, and at the end add “ and to the forfeiture of any deer illegally taken or killed by him or in his possession at the time of the offence" ”.	(a) for a first offence, £20;
		(b) for a second or subsequent offence, £50 or 3 months or both.	£500 per deer or 3 months or both, and forfeiture of deer.
Section 24 (unlawful taking, killing or injuring of deer, or breach of firearms order, by 2 or more persons).	In paragraph (a), for the words from “fifty pounds" to “one hundred pounds" substiute the words “ in 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 Criminal Procedure (Scotland) Act 1975" ”.	On summary conviction—	On summary conviction in respect of each deer taken or killed “the statutory maximum" (presently £1,000) or 6 months or both, and forfeiture of deer.
		(a) for a first offence, £50 or 3 months;
		(b) for a second or subsequent offence, £100 or 6 months or both.
	In paragraph (b), delete the words “not exceeding five hundred pounds".	On conviction on indictment, £500 or 2 years or both.	On conviction on indictment, an unlimited fine or 2 years or both, and forfeiture of deer.
	At the end of the section, add the words “ and on any conviction to the of any deer illegally taken or killed by him or in his possession at the time of the offence" ”.
Section 26 (attempts to commit offences).	At the end of the section, add the words “ ; except that in the case of preparatory acts, the penalty shall be a fine not exceeding £500 or imprisonment for a term not exceeding three months or both." ”.	As for offence.	As for offence, except for preparatory acts, where it is £500 or 3 months or both.