There are currently no known outstanding effects for the Night Poaching Act 1828, Section 1.
[F2(1)]F3... If any person shall, F3... by night, unlawfully take or destroy any game or rabbits in any land, whether open or enclosed, or shall by night unlawfully enter or be in any land, whether open or enclosed, with any gun, net, engine, or other instrument, for the purpose of taking or destroying game, [F4he shall be liable on summary conviction [F5to imprisonment for a term not exceeding 51 weeks,] to a fine [F6or to both]].
[F7(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.]]
Textual Amendments
F1Act repealed (N.I.) by Game Law Amendment Act (Northern Ireland) 1951 (c. 4 (N.I.)), Sch.; and Act repealed (29.6.2011) (S.) by the Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), s. 43(1), Sch. Pt. 2; S.S.I. 2011/279, art. 2(1)(l)(ii) (as substituted by S.S.I. 2011/287, art. 2)
F2S. 1 renumbered as s. 1(1) (1.8.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 62(2), 208(1) (with s. 62(10)); S.I. 2022/520, reg. 7
F3Words repealed by Statute Law Revision (No. 2) Act 1888 (c. 57)
F4Words in s. 1 substituted (E.W.) by Criminal Law Act 1977 (c. 45), Sch. 1; and (S.) (1.4.1996) by 1995 c. 40, ss. 3, 7(2), Sch. 1 para. 1, Sch. 2 Pt. I
F5Words in s. 1(1) inserted (1.8.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 62(3)(a), 208(1) (with s. 62(10)); S.I. 2022/520, reg. 7
F6Words in s. 1(1) substituted (1.8.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 62(3)(b), 208(1) (with s. 62(10)); S.I. 2022/520, reg. 7
F7S. 1(2) inserted (1.8.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 62(4), 208(1) (with s. 62(10)); S.I. 2022/520, reg. 7
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