Protection of Badgers Act 1992

12 Penalties and forfeiture. E+W+S

(1) A person guilty of an offence under [F1 section 1(1) or (3), [F2 2 or 3 above][F2 2(1)(d), 3(1)(a) to (c) or (e) above or under section 3(2) above][F1 a provision mentioned in subsection (1ZA) below] (in relation to an act made unlawful by section 3(1)(a) to (c) or (e) above)] is liable on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale or both; and a person guilty of an offence under section [F3 4,] 5[F4 (1) or (2)] or 10(8) above or 13(7) below is liable on summary conviction to a fine not exceeding that level.

[F5 (1ZA) The provisions referred to in subsection (1) above are—

(a) section 2(1)(d) above or section 2(3) above (in relation to an act made unlawful by section 2(1)(d) above); and

(b) section 3(1)(a) to (c) or (e) above or section 3(2) (in relation to an act made unlawful under section 3(1)(a) to (c) or (e) above).]

[F6 (1A) A person guilty of an offence under [F7 section 2(1)(a) to (c), 3(1)(d) or 4 above or under section 3(2) above (in relation to an act made unlawful by section 3(1)(d) above)][F7 a provision mentioned in subsection (1B) below] is liable—

(a) on summary conviction to imprisonment for a term not exceeding [F8 six][F8 12] months or a fine not exceeding [F9 level 5 on the standard scale][F9 the statutory maximum] or both,

(b) on conviction on indictment to imprisonment for a term not exceeding three years or to a fine or both.]

[F10 (1B) The provisions referred in subsection (1A) above are—

(a) section 1(1), (3) and (6);

(b) section 2(1)(a) to (c) above and section 2(3) above (in relation to an act made unlawful by section 2(1)(a) to (c) above);

(c) section 3(1)(d) above or section 3(2) above (in relation to an act made unlawful by section 3(1)(d) above); and

(d) section 4(1) and (2) above.]

(2) Where an offence was committed in respect of more than one badger the maximum fine which may be imposed under subsection (1)[F11 or (1A)(a) ] above shall be determined as if the person convicted had been convicted of a separate offence in respect of each badger.

(3) A person guilty of an offence under section 1(5) above is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4) The court by which a person is convicted of an offence under this Act shall order the forfeiture of any badger or badger skin 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

F1 Words in s. 12(1) substituted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 33(9)(a)(i), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(m)

F2 Words in s. 12(1) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), s. 59(2), Sch. 6 para. 26(9)(a)(i); S.S.I. 2004/407, art. 2(b)

F3 Word in s. 12(1) repealed (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), s. 59(2), Sch. 6 para. 26(9)(a)(ii); S.S.I. 2004/407, art. 2(b)

F4 Words in s. 12(1) inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 33(9)(a)(ii), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(m)

F5 S. 12(1ZA) inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 33(9)(b) , 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(m)

F6 S. 12(1A) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), s. 59(2), Sch. 6 para. 26(9)(b); S.S.I. 2004/407, art. 2(b)

F7 Words in s. 12(1A) substituted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 33(9)(c)(i) , 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(m)

F8 Word in s. 12(1A)(a) substituted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), s. 33(9)(c)(ii) (A) 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(m)

F9 Words in s. 12(1A)(a) substituted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), s. 33(9)(c)(ii) (B) 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(m)

F10 S. 12(1B) inserted (S.) (29.6.2011) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 33(9)(d), 43(1) (with s. 41(1)); S.S.I. 2011/279, art. 2(1)(m)

F11 Words in s. 12(2) inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6) , s. 59(2) , Sch. 6 para. 26(9)(c) ; S.S.I. 2004/407 , art. 2(b)