1 Taking, injuring or killing badgers.E+W+S
(1)A person is guilty of an offence if, except as permitted by or under this Act, he wilfully kills, injures or takes [F1, or attempts to kill, injure or take,] a badger.
(2)[F2If, in any proceedings for an offence under subsection (1) above consisting of attempting to kill, injure or take a badger, there is evidence from which it could reasonably be concluded that at the material time the accused was attempting to kill, injure or take a badger, he shall be presumed to have been attempting to kill, injure or take a badger unless the contrary is shown.]
(3)A person is guilty of an offence if, except as permitted by or under this Act, he has in his possession or under his control any dead badger or any part of, or anything derived from, a dead badger.
(4)A person is not guilty of an offence under subsection (3) above if he shows that—
(a)the badger had not been killed, or had been killed otherwise than in contravention of the provisions of this Act or of the M1Badgers Act 1973; or
(b)the badger or other thing in his possession or control had been sold (whether to him or any other person) and, at the time of the purchase, the purchaser had had no reason to believe that the badger had been killed in contravention of any of those provisions.
(5)If a person is found committing an offence under this section on any land it shall be lawful for the owner or occupier of the land, or any servant of the owner or occupier, or any constable, to require that person forthwith to quit the land and also to give his name and address; and if that person on being so required wilfully remains on the land or refuses to give his full name or address he is guilty of an offence.
[F3(6)A person is guilty of an offence if, except as permitted by or under this Act, he knowingly causes or permits to be done an act which is made unlawful by subsection (1) or (3) above.]
Textual Amendments
F1 Words in s. 1(1) repealed (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), s. 59(2), Sch. 6 para. 26(2)(a); S.S.I. 2004/407, art. 2(b)
F2 S. 1(2) repealed (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), s. 59(2), Sch. 6 para. 26(2)(b); S.S.I. 2004/407, art. 2(b)
F3 S. 1(6) added (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 33(2), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(m)
Marginal Citations
M1 1973 c. 57 .