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Badgers Act 1973 (repealed 16.10.1992)
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- UK Public General Acts
- 1973 c. 57
- Section 10
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Changes over time for: Section 10
Version Superseded: 01/10/1992
Alternative versions:
- 01/02/1991- Amendment
- 25/10/1991- Amendment
- 09/12/1991- Amendment
- 01/04/1992
Point in time - 01/10/1992- Amendment
- Stop date 16/10/1992- Amendment
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Point in time view as at 01/04/1992. There are multiple versions of this provision on screen. These apply to different geographical extents. This version of this provision has been superseded.
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Changes to legislation:
There are currently no known outstanding effects for the Badgers Act 1973 (repealed 16.10.1992), Section 10.
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10Enforcement penalties, etc.E+W
(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].
[F3(2)Any person guilty of an offence under this Act shall be liable on summary conviction—
(a)in the case of an offence under section 1 or 2, to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both;
(b)in the case of an offence under section 3 or 4, to a fine not exceeding that level; and
(c)in the case of an offence under section 5, to a fine not exceeding level 3 on that scale;]
Provided that where the offence was committed in respect of more than one badger, the maximum fine which may be imposed under [F4paragraph (a) or (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.
Extent Information
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.
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 in s. 10(2) substituted (E.W.) (25.10.1991) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 26(3); S.I. 1991/2208, art. 2(2), Sch. 2.
F4Words in s. 10(2) substituted (E.W.) (25.10.1991) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 26(3); S.I. 1991/2208, art. 2(2), Sch. 2.
10Enforcement penalties, etc.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;
[F5(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 [F6anything 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 [F7level 3 on the standard scale],
(b)under any other section of this Act shall be liable on summary conviction to a fine not exceeding [F7level 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.
Extent Information
E2This version of this provision extends to Scotland only; a separate version has been created to show amendments in force for England and Wales only.
Textual Amendments
F5S. 10(1)(b) repealed (E.W.) by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), Sch. 7 Pt. I
F6Words substituted by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), Sch. 7, para. 11(1)
F7Words 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)
10 Enforcement penalties, etc.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;
[F8(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 [F9anything which may be evidence of the commission of the offence or may be liable to be forfeited under subsection (3) below].
[F10(2)Any person guilty of an offence under this Act shall be liable on summary conviction—
(a)in the case of an offence under section 1 or 2, to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both;
(b)in the case of an offence under section 3 or 4, to a fine not exceeding that level; and
(c)in the case of an offence under section 5, to a fine not exceeding level 3 on that scale;]
Provided that where the offence was committed in respect of more than one badger, the maximum fine which may be imposed under [F11paragraph (a) or (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
F8S. 10(1)(b) repealed (E.W.) by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), Sch. 7 Pt. I
F9Words substituted by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), Sch. 7, para. 11(1)
F10Words in s. 10(2) substituted (S.)(9.12.1991 with exception) by Criminal Justice Act 1991 (c. 53), s. 26(3); S.I. 1991/2706, art. 2(1)(2)
F11Words in s. 10(2) substituted (S.)(9.12.1991 with exception) by Criminal Justice Act 1991 (c. 53), s. 26(3); S.I. 1991/2706, art. 2(1)(2)
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