(1)A person who attempts to commit an offence under this Act is guilty of the offence and is liable to be proceeded against and punished accordingly.
(2)A person who is in possession, for the purposes of committing an offence under this Act, of anything capable of being used for committing the offence is guilty of the offence and is liable to be proceeded against and punished accordingly.
(3)If, in any proceedings for an offence under section 1(1) above [F2or section 1(6) above] consisting of [F3or involving] an attempt to kill, injure or take a badger, there is evidence from which it could reasonably be concluded that at the material time [F4the accused][F4a person] 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.]
Textual Amendments
F1 S. 11A inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6) , s. 59(2) , Sch. 6 para. 26(8) ; S.S.I. 2004/407 , art. 2(b)
F2 Words in s. 11A(3) inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6) , ss. 33(8)(a) , 43(1) (with s. 41(1) ); S.S.I. 2011/279 , art. 2(1)(m)
F3 Words in s. 11A(3) inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6) , ss. 33(8)(b) , 43(1) (with s. 41(1) ); S.S.I. 2011/279 , art. 2(1)(m)
F4 Words in s. 11A(3) substituted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6) , ss. 33(8)(c) , 43(1) (with s. 41(1) ); S.S.I. 2011/279 , art. 2(1)(m)