Deer (Scotland) Act 1996

31 Powers of court on conviction for offences. S

(1) Where a person is convicted of an offence under an enactment specified in column 1 and described in column 2 of the Table set out in Schedule 3 to this Act, he shall be liable—

(a) on summary conviction, to a penalty not exceeding the maximum penalty set out in column 3(a) of that Table in relation to that offence; and

(b) on conviction on indictment, to a penalty not exceeding the maximum set out in column 3(b) of that Table in relation to that offence.

(2) Where a person is convicted of an offence under any of sections 17 to 23 of this Act, the court shall have power (in addition to any other power) to cancel any firearm or shotgun certificate held by him.

(3) Where a court cancels a firearm or shotgun certificate under subsection (2) above—

(a) the court shall cause notice in writing of that fact to be sent to the chief constable by whom the certificate was granted;

(b) the chief constable shall by notice in writing require the holder of the certificate to surrender it; and

(c) if the holder of the certificate fails to surrender the certificate within twenty one days from the date of that requirement, he shall be guilty of an offence.

(4) Where a person is convicted of an offence under any of sections 5(5), 17(1), (2) or (3) [F1 , 17A(4)], 18(1), 20(1), 22 or 23(1) of this Act, he shall be liable to the forfeiture of any deer illegally taken, killed or removed by him or in his possession at the time of the offence.

(5) Where a person is convicted of an offence under Part III or section 36 of this Act, the court shall have power to disqualify him from holding or obtaining a licence under section 33 of this Act.

Textual Amendments

F1 Word in s. 31(4) inserted (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 30(7), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(f)