Commentary on Sections Section: 306: Limit on period of detention without charge of suspected terrorists Section 307: Enforcement of regulations implementing Community legislation on endangered species:
660.This section provides for the maximum prison sentences for offences arising from EC Regulations 338/97 and 1808/2001 on the protection of wild fauna and flora by regulating trade therein (the ‘Wildlife Trade Regulations’) to be increased. Subsection (1) provides definitions for the purposes of this Section. Subsection (2) disapplies the provisions of the European Communities Act 1972, which would otherwise limit the maximum penalties for offences arising from these Regulations, and tried on indictment, to two years, imprisonment and a fine. This ensures that for offences created in new secondary legislation implementing the Wildlife Trade Regulations (currently implemented by the Control of Trade in Endangered Species (Enforcement) Regulations 1997; (SI 1997 No. 1372) and predominantly triable either way), the possibility of a maximum penalty of up to five years imprisonment for offences tried on indictment can be introduced. Subsection (3) disapplies the provisions of the 1972 Act for new offences under the Wildlife Trade Regulations tried summarily in Scotland and Northern Ireland, so allowing the possibility of a maximum prison sentence of six months (currently a maximum sentence of only three months is permissible).
661.Subsection (5) modifies subsection (3), by providing that the provisions of the 1972 Act are also disapplied, until the sentencing provisions in Part 12 of the Act are commenced, in relation to: Wildlife Trade Regulations offences in England and Wales; and offences arising from Council Directive 92/43/EEC on the conservation of natural habitats and wild fauna and flora (‘Habitats Directivethe ”) in England and Wales. The subsection supersedes and repeals sections 81(2) and (3) of the Countryside and Rights of Way Act 2000, which are repealed by the Act.
662.Subsection (4) confers a power of arrest without warrant for a constable in Scotland, for wildlife trade offences. Section 24 of the Police and Criminal Evidence Act 1984 and Article 26(1) of the Police and Criminal Evidence Order (NI) 1983, already provide that in other parts of the UK, offences which attract a maximum prison sentence of five years are automatically ‘arrestable’. This subsection ensures that the arrest powers available to police officers throughout the UK are broadly consistent for these offences. Subsection (6) ensures that if any of the “relevant Community instruments” are amended, repealed or re-enacted, that the provisions of the section will still apply to them.