SCHEDULES
C1SCHEDULE 1 Penalties
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 | (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 | (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 | (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 | (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 | £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 | (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 | 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 | |||
Section 26 (attempts to commit offences). | At the end of the section, add the words | As for offence. | As for offence, except for preparatory acts, where it is £500 or 3 months or both. |
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).