10 Enforcement penalties, etc.E+W+S
(1)Where a constable has reasonable grounds for suspecting that any person is committing an offence under this Act, or has committed an offence under this Act and that evidence of the commission of the offence is to be found on that person or any vehicle or article he may have with him, the constable may—
(a)without warrant stop and search that person and search any vehicle or article he may have with him;
[F1(b)without warrant arrest that person if he fails to give his full name and address to the constable’s satisfaction; and]
(c)seize and detain for the purposes of proceedings under this Act [F2anything which may be evidence of the commission of the offence or may be liable to be forfeited under subsection (3) below].
(2)Any person guilty of an offence—
(a)under section 5 of this Act shall be liable on summary conviction to a fine not exceeding [F3level 3 on the standard scale],
(b)under any other section of this Act shall be liable on summary conviction to a fine not exceeding [F3level 5 on the standard scale]:
Provided that where the offence was committed in respect of more than one badger, the maximum fine which may be imposed under paragraph (b) of this subsection shall be determined as if the person convicted has been convicted of a separate offence in respect of each badger.
(3)The court before whom any person is convicted of an offence under this Act shall order the forfeiture of any badger or skin thereof in respect of which the offence was committed and may, if they think fit, order the forfeiture of any weapon or article in respect of or by means of which the offence was committed.
Textual Amendments
F1S. 10(1)(b) repealed (E.W.) by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), Sch. 7 Pt. I
F2Words substituted by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), Sch. 7, para. 11(1)
F3Words substituted by virtue of (E.W.) Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), Sch. 7 para. 11(2) and Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G (as inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 54) and Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), Sch. 7 para. 11(2)