Commentary on Sections Wildlife offences: penalties Section 9 – Conservation (Natural Habitats, etc.) Regulations 1994: penalties for offences
72.This section amends regulations 39 (protection of certain wild animals), 41 (prohibition of certain methods of taking or killing wild animals) and 102 (proceedings for offences: venue, time limits) of the Conservation (Natural Habitats, etc.) Regulations 1994 (“the 1994 Regulations”).
73.Regulation 39(12) previously provided that a person who committed an offence under regulation 39 (protection of certain wild animals) was liable on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale.
74.Section 9(2) amends regulation 39(12) to provide that a person who commits an offence under this regulation 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.
75.The effect of this is that an offence under regulation 39 is now triable under solemn or summary procedure and subject to the higher maximum penalties.
76.Regulation 41(6) previously provided that a person who commits an offence under regulation 41 (prohibition of certain methods of taking or killing wild animals) was liable on summary conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding level 5 on the standard scale.
77.Section 9(3) amends regulation 41(6) to provide that a person who commits an offence under this regulation 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.
78.The effect of this is that an offence under regulation 41 is now triable under solemn or summary procedure and subject to the higher maximum penalties.
79.Regulation 102 (proceedings for offences: venue, time limits) of the 1994 Regulations makes provision regarding the time limits for commencing summary prosecution of offences under Part III of the 1994 Regulations. The time limit in regulation 102 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 his or her knowledge. But no such proceedings may be brought more than 2 years after the commission of the offence.
80.Regulation 102 is amended by section 9(4) of the Act to provide that the time limit does not apply to offences under regulation 39 (protection of certain wild animals) and regulation 41 (prohibition of certain methods of killing or taking wild animals). The effect of this is that there is no time limit for prosecution of offences under regulations 39 and 41, which are now triable either way, but the time limit will continue to apply to all other summary proceedings under Part III of the 1994 Regulations.