Exceptions from regulation 3435

1

A person shall not be guilty of an offence under regulation 34(1)(a) or (b) or under regulation 34(2)(a) or (b) if he shows that the contravention in question—

a

was in relation to an animal that had been seriously disabled otherwise than by his unlawful act and there was no reasonable chance of its recovering, and

b

was done solely for one or more of the purposes of—

i

ending the animal’s life, or

ii

disposing if it (otherwise than by sale or exchange) as soon as practicable after it was dead.

2

A person shall not be guilty of an offence under regulation 34(1) of deliberately capturing a wild animal of a European protected species, or an offence under regulation 34(2)(a) or (b), if he shows that the contravention in question—

a

was in relation to an animal that had been disabled otherwise than by his unlawful act, and

b

was done solely for one or more of the purposes of—

i

tending it and releasing it when no longer disabled, or

ii

releasing it after it had been tended.