Police, Crime, Sentencing and Courts Act 2022

62 Increase in penalty for offences related to game etc

(1) Section 1 of the Night Poaching Act 1828 (taking or destroying game or rabbits by night or entering land for that purpose) is amended in accordance with subsections (2) to (4).

(2) The existing text becomes subsection (1).

(3) In that subsection—

(a) after “conviction” insert “to imprisonment for a term not exceeding 51 weeks,”, and

(b) for “not exceeding level 3 on the standard scale” substitute “or to both”.

(4) After that subsection insert—

“(2) In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales), the reference in subsection (1) to 51 weeks is to be read as a reference to 6 months.”

(5) Section 30 of the Game Act 1831 (trespass in daytime in search of game etc) is amended in accordance with subsections (6) to (8).

(6) The existing text becomes subsection (1).

(7) In that subsection—

(a) for the words from “conviction”, in the first place it occurs, to “seem meet”, in the second place it occurs, substitute “summary conviction, be liable to imprisonment for a term not exceeding 51 weeks, to a fine or to both”, and

(b) for “each of the two offences” substitute “the offence”.

(8) After that subsection insert—

“(2) In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales), the reference in subsection (1) to 51 weeks is to be read as a reference to 6 months.”

(9) In section 4A of the Game Laws (Amendment) Act 1960 (forfeiture of vehicles), in subsection (1), omit “as one of five or more persons liable under that section”.

(10) The amendments made by this section have effect only in relation to offences committed on or after the day on which this section comes into force.