Commentary on Sections Wildlife offences: penalties Section 12– Protection of Wild Mammals (Scotland) Act 2002: penalties for offences
88.This section introduces a new section 7A and amends section 8 of the Protection of Wild Mammals (Scotland) Act 2002 (“the 2002 Act”).
89.The statutory time bar (limit) for prosecution of offences imposed by section 136 of the Criminal Procedure (Scotland) Act 1995 previously applied to the offences under the 2002 Act. This meant that prosecutions for offences under the 2002 Act required to be brought within 6 months after the contravention occurred or in the case of a continuous contravention, within 6 months after the last date of such contravention.
90.Section 12(2) of the Act inserts a new section 7A into the 2002 Act to introduce a time limit for bringing summary proceedings for offences under section 1(2) (an owner or occupier of land knowingly permitting another person to enter or use it to commit an offence under subsection (1), being to deliberately hunt a wild mammal with a dog) and 1(3) (an owner of, or a person having responsibility for, a dog knowingly to permit another person to use it to commit an offence under subsection (1)). It provides that proceedings may be brought within a period of 6 months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to the prosecutor’s knowledge. However, no such proceedings may be brought by virtue of this section more than 3 years after the commission of the offence or, in the case of a continuous contravention, after the last date on which the offence was committed.
91.Section 8 of the 2002 Act previously provided that a person who committed any offence under the 2002 Act was liable on summary conviction to imprisonment for up to 6 months or a fine of up to level 5 on the standard scale or both.
92.Section 12(3) of the Act amends section 8 of the 2002 Act to increase the maximum penalties available for offences under section 1(1) (deliberately hunting a wild mammal with a dog) by providing that a person who commits an offence under section 1(1) is liable on summary conviction to imprisonment for a term not exceeding 12 months or a fine not exceeding £40,000 or both, and on conviction on indictment to imprisonment for a term not exceeding 5 years or a fine or both.
93.The effect of this is that an offence under section 1(1) (deliberately hunting a wild mammal with a dog) of the 2002 Act is now triable under summary or solemn procedure and subject to the higher maximum penalties.
94.Section 12(3) of the Act also amends section 8 of the 2002 Act to increase the maximum penalties available for offences under section 1(2) (an owner or occupier of land knowingly permitting another person to enter or use it to commit an offence under subsection (1), being to deliberately hunt a wild mammal with a dog) and (3) (an owner of, or a person having responsibility for, a dog knowingly to permit another person to use it to commit an offence under subsection (1)). It provides that a person who commits an offence under section 1(2) or (3) is liable on summary conviction to imprisonment for a term not exceeding 12 months or a fine not exceeding £40,000 or both.
95.The effect of this is that an offence under section 1(2) or (3) remains triable summarily only but is subject to the higher maximum penalties.