141.Section 20 of the Act modifies section 14 of the 1996 Act. Under section 14(1), and subject to subsections (2) to (4), actions taken at the direction of SNH for the purposes of a control agreement, a control scheme or section 10 are exempted from criminal liability. The exceptions in subsections (2) to (4) are for offences under section 17(3) (killing or injuring a deer by a method other than shooting) and section 18(1) (killing or injuring a deer at night).
142.Section 20(2) adds control agreements and control schemes to section 14(2) of the 1996 Act so that the section 17(3) offences as they relate to SNH employees are all in one place. These are the same disapplications of the exemption from criminal liability in relation to SNH employees which exist under the original section 14, but have been grouped together in one subsection.
143.Section 20(3) substitutes subsection (3) to add a replacement subsection (3) and a new subsection (3A). Subsection (3) covers the section 18(1) offence as it relates to SNH employees, only disapplying the limitation of criminal liability when the act is carried out in pursuit of a control agreement or a control scheme (not section 10). The disapplication of the limitation of criminal liability for SNH employees in relation to section 18(1) is therefore narrower than the disapplication of the limitation of criminal liability for SNH employees in relation to section 17(3). Subsection (3A) deals with the disapplication of the limitation of criminal liability for offences when the act is carried out by another person (that is, someone who is not an SNH employee). Under this subsection, a person is not protected from liability even when acting under a direction pursuant to a control agreement, a control scheme or section 10 if they commit an offence under section 5(5), 17(3), 17ZA(1), 18(1) or 19(1) of the 1996 Act. Practically, this means that a person must have an authorisation under the relevant section to carry out the activity, even when acting under a direction pursuant to a control agreement, a control scheme or section 10. This ensures that a person does not escape liability for carrying out an act without authorisation which ordinarily requires authorisation, as a person who is directed to undertake an activity which may only be undertaken with an authorisation in pursuit of a control agreement, a control scheme, or section 10 of the Act will still commit an offence if they do not have the relevant authorisation for that activity.
144.Section 20(4) updates the definition of a “member of the staff of SNH” to refer to the correct subsections which the definition applies to.
The Act Deer management plans, control agreements and control schemes Section 20 – Limitation of criminal liability