Wildlife and Countryside Act 1981

21 Penalties, forfeitures etc. E+W

[F1 (1) Subject to subsection (5), a person guilty of an offence under any of sections 1 to 13 or section 17 shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.]

(4) A person guilty of an offence under section 14 [F2 or 14ZA] shall be liable—

(a) on summary conviction, [F3 to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both];

(b) on conviction on indictment, [F3 to imprisonment for a term not exceeding two years or to a fine, or to both].

[F4 (4A) F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6 (4AA) Except in a case falling within subsection (4B) a person guilty of an offence under section 19XB(1), (2) or (3) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.]

(4B) A person guilty of an offence under [F7 section 19XB(1)(a) or (2)(a)] in relation to a wildlife inspector [F8 entering premises to ascertain whether an offence under section 14 or 14ZA is being or has been committed] shall be liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to a fine.

(4C) A person guilty of an offence under section [F9 19XB(4)] shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum, or to both;

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

(4D) F10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]

(5) Where an offence to which subsection (1) F11 . . . applies was committed in respect of more than one bird, nest, egg, other animal, plant or other thing, the maximum fine which may be imposed under that subsection shall be determined as if the person convicted had been convicted of a separate offence in respect of each bird, nest, egg, animal, plant or thing.

(6) The court by which any person is convicted of an offence under this Part—

(a) shall order the forfeiture of any bird, nest, egg, other animal, plant or other thing in respect of which the offence was committed; and

(b) may order the forfeiture of any vehicle, animal, weapon or other thing which was used to commit the offence and, in the case of an offence under section 14 [F12 or 14ZA], any animal or plant which is of the same kind as that in respect of which the offence was committed and was found in his possession.

(7) Any offence under this Part shall, for the purpose of conferring jurisdiction, be deemed to have been committed in any place where the offender is found or to which he is first brought after the commission of the offence.

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F1 S. 21(1) substituted for s. 21(1)-(3) (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 10(2)(6)

F2 Words in s. 21(4)(6)(b) inserted (E.W.) (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 73(1); S.I. 2006/2541, art. 2

F3 Words in s. 21(4)(a)(b) substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 9 para. 10(3)(a)(b)(6)

F4 S. 21(4A)-(4D) inserted (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 10(4)(6)

F5 S. 21(4A)(4D) omitted (31.5.2006) by virtue of Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 5(2); S.I. 2006/1382, art. 2

F6 S. 21(4AA) inserted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 5(3); S.I. 2006/1382, art. 2

F7 Words in s. 21(4B) substituted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 5(4)(a); S.I. 2006/1382, art. 2

F8 Words in s. 21(4B) substituted (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 5(4)(b); S.I. 2006/1382, art. 2

F9 Words in s. 21(4C) substituted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 5(5); S.I. 2006/1382, art. 2

F10 S. 21(4A)(4D) omitted (31.5.2006) by virtue of Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 5(2); S.I. 2006/1382, art. 2

F11 Words in s. 21(5) repealed (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 102, 103(2), Sch. 9 para. 10(5)(6), Sch. 16 Pt. IV

F12 Words in s. 21(4)(6)(b) inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 73(1); S.I. 2006/2541, art. 2

Modifications etc. (not altering text)

C1 S. 21(4AA)-(4C) applied (with modifications) (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 7-11; S.I. 2006/1382, art. 2

21 Penalties, forfeitures etc. S

[F13 (1) Subject to subsection (5), a person guilty of an offence under a provision mentioned in subsection (1A) is liable on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).

(1A) The provisions referred to in subsection (1) are—

(a) section 5(1)(e) and (f) (in relation to an act made unlawful by section 5(1)(e)),

(b) section 6(2) and (2A) (in relation to an act made unlawful by section 6(2)(a)),

(c) section 7 (other than section 7(1) and (5A) (in relation to an act made unlawful by section 7(1))),

(d) section 9(5)(b),

(e) section 11A,

(f) section 11C,

(g) section 11E,

(h) section 13,

(i) section 14B,

(j) section 17,

(k) section 19ZC (other than an offence under section 19ZC(7) in relation to a wildlife inspector acting in exercise of the power conferred by section 19ZC(3)(d)),

(l) section 19ZD.

(1B) Subject to subsection (5), a person guilty of an offence under a provision mentioned in subsection (1C) is liable on summary conviction to imprisonment for a term not exceeding 12 months or a fine not exceeding £40,000 (or both).

(1C) The provisions referred to in subsection (1B) are—

(a) section 6(3),

(b) section 7(1) and (5A) (in relation to an act made unlawful by section 7(1)),

(c) section 8,

(d) section 9(2), (4A), (5)(a) and (5A) (in relation to an act made unlawful by section 9(2), (4A) or (5)(a)),

(e) section 11B,

(f) section 11G,

(g) section 11I.]

(2) F14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) F14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F16 (4ZZA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17 (4ZA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F18 (4A) A person guilty of an offence under section 19ZC(7) in relation to a wildlife inspector acting in exercise of the power conferred by subsection (3)(d) of that section shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.]

[F19 (4B) A person guilty of an offence under a provision mentioned in subsection (4C) is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding £40,000 (or both),

(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both).

(4C) The provisions referred to in subsection (4B) are—

(a) section 14ZC,

(b) section 14A,

(c) section 14AA,

(d) section 14K.

[F20 (4CA) A person guilty of an offence under section 14AB is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both),

(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both).]

(4D) A person guilty of an offence under a provision mentioned in subsection (4E) is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding £40,000 (or both),

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both).

(4E) The provisions referred to in subsection (4D) are—

(a) section 1,

(b) section 5(1)(a) to (d) and (f) (in relation to an act made unlawful by section 5(1)(a) to (d)),

(c) section 6(1) and (2A) (in relation to an act made unlawful by section 6(1)(a)),

(d) section 9(1), (4) and (5A) (in relation to an act made unlawful by section 9(1) or (4)),

(e) section 10A,

(f) section 11,

(g) section 14,

(h) section 15A.]

(5) Where an offence to which subsection (1), [F21 or (1B)] F22 . . . applies was committed in respect of more than one bird, nest, egg, other animal, plant or other thing, the maximum fine which may be imposed under [F23 the subsection in question] shall be determined as if the person convicted had been convicted of a separate offence in respect of each bird, nest, egg, animal, plant or thing.

(6) The court by which any person is convicted of an offence under this Part—

(a) shall order the forfeiture of any bird, nest, egg, other animal, plant or other thing in respect of which the offence was committed; and

(b) may order the forfeiture of any vehicle, animal, weapon or other thing which was used to commit the offence and, in the case of an offence under section 14 [F24 , 14ZC, 14A, [F25 14AA,] [F26 14AB,] 14B or 14K], any animal [F27 , plant or other thing] which is of the same kind as that in respect of which the offence was committed and was found in his possession.

(7) Any offence under this Part shall, for the purpose of conferring jurisdiction, be deemed to have been committed in any place where the offender is found or to which he is first brought after the commission of the offence.

Extent Information

E2 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F13 S. 21(1)-(1C) substituted for s. 21(1)-(1B) (S.) (30.11.2020) by Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), ss. 7(6)(a), 22(2); S.S.I. 2020/379, reg. 2(1), sch. (with reg. 3)

F14 S. 21(2)(3) repealed (S.) (26.3.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 77, 89(2)(b), Sch. 3 para. 6(b)

F15 S. 21(4) repealed (S.) (30.11.2020) by Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), ss. 7(6)(b), 22(2); S.S.I. 2020/379, reg. 2(1), sch. (with reg. 3)

F16 S. 21(4ZZA) repealed (S.) (30.11.2020) by Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), ss. 7(6)(b), 22(2); S.S.I. 2020/379, reg. 2(1), sch. (with reg. 3)

F17 S. 21(4ZA) repealed (S.) (30.11.2020) by Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), ss. 7(6)(b), 22(2); S.S.I. 2020/379, reg. 2(1), sch. (with reg. 3)

F18 S. 21(4A) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 19(c); S.S.I. 2004/407, art. 2

F19 S. 21(4B)-(4E) inserted (S.) (30.11.2020) by Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), ss. 7(6)(c), 22(2); S.S.I. 2020/379, reg. 2(1), sch. (with reg. 3)

F20 S. 21(4CA) inserted (S.) (31.12.2020) by The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 10(4)(a)

F21 Words in s. 21(5) inserted (S.) (30.11.2020) by Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), ss. 7(6)(d)(i), 22(2); S.S.I. 2020/379, reg. 2(1), sch. (with reg. 3)

F22 Words in s. 21(5) repealed (S.) (26.3.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 77, 89(2)(b), Sch. 3 para. 6(d)

F23 Words in s. 21(5) substituted (S.) (30.11.2020) by Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), ss. 7(6)(d)(ii), 22(2); S.S.I. 2020/379, reg. 2(1), sch. (with reg. 3)

F24 Words in s. 21(6)(b) substituted (S.) (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 17(3)(d), 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(c)

F25 Word in s. 21(6)(b) inserted (S.) (1.11.2019) by The Conservation (Natural Habitats, c.) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/364), regs. 1(2), 2(7)(d)(i)

F26 Word in s. 21(6)(b) inserted (S.) (31.12.2020) by The Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/473), regs. 1(1), 10(4)(b)

F27 Words in s. 21(6)(b) substituted (S.) (1.11.2019) by The Conservation (Natural Habitats, c.) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/364), regs. 1(2), 2(7)(d)(ii)