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(1)Where a person is apprehended [F1, in accordance with [F2section 24] of the Police and Criminal Evidence Act 1984, for an offence under section one or section nine of the Night Poaching Act 1828, or under section thirty]of the M1Game Act, 1831, a police constable by or in whose presence he was apprehended may search him and may seize and detain any game or rabbits, or any gun, part of a gun or cartridges or other ammunition, or any nets, traps, snares or other devices of a kind used for the killing or taking of game or rabbits, which are found in his possession.
(2)Where the person so apprehended is convicted of an offence under either of the said Acts the court by or before whom he is convicted may, if it thinks fit, direct that any game or rabbit, or any gun or other article, duly seized under this section which was in his possession shall (whether or not the offence of which he was convicted concerned that game, rabbit, gun or other article) be forfeited.
(3)The provisions of this section shall be without prejudice to any other power which a police constable has to search a person whom he has arrested, and to detain things found in his possession, and shall also be without prejudice to the provisions of section thirty-six of the Game Act, 1831 (which authorises gamekeepers and others to take game found in the possession of trespassers).
(4)Subsection (4) of the last foregoing section shall apply in relation to things seized under this section.
(5)For the purposes of this section the word “game” shall be deemed to include hares, pheasants, partridges, grouse, heath or moor game, black game, bustards, woodcocks and snipes.
Textual Amendments
F1Words substituted by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), Sch. 6 para. 11
F2Words in s. 4(1) substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 7 para. 52(3); S.I. 2005/3495, art. 2(1)(m)
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