Deer Act 1963
| Jurisdiction | UK Non-devolved |
(1) Subject to F2sections 10, 10A and 11 of this Act, no person shall take or wilfully kill deer of any species and description mentioned in Schedule 1 to this Act during the close season prescribed by that Schedule in relation to deer of that species and description.(2) The Secretary of State may by order amend the said Schedule by the addition of deer of any species not mentioned in that Schedule and of a close season for any description of deer of that species.(3) Before making any such order as aforesaid the Secretary of State shall consult with any organisations that appear to him to represent persons likely to be interested in or affected by the order.(4) If any person contravenes this section he shall be guilty of an offence.(5) This section shall come into operation on 1st November 1963.Subject to section 10 of this Act, any person who takes or wilfully kills any deer between the expiration of the first hour after sunset and the commencement of the last hour before sunrise shall be guilty of an offence. sets in position any of the following articles, being an article which is of such a nature and so placed as to be calculated to cause bodily injury to any deer coming in contact therewith, that is to say, any trap, snare, or poisoned or stupefying bait; oruses for the purpose of killing or taking any deer any such article as aforesaid, whether or not of such a nature and so placed as aforesaid, or any net; orany firearm or ammunition mentioned in Schedule 2 to this Act;any arrow, spear or similar missile;any missile, whether discharged from a firearm or otherwise, carrying or containing any poison, stupefying drug or muscle-relaxing agent,discharges any firearm, or projects any missile, from any mechanically propelled vehicle at any deer; oruses any mechanically propelled vehicle for the purpose of driving deer,(3) The last foregoing subsection shall not apply to anything done by, or with the written authority of, the occupier of any enclosed land where deer are usually kept in relation to deer on that land.(4) The Secretary of State may by order amend the said Schedule 2 by adding any firearm or ammunition or by altering the description of, or deleting, any firearm or ammunition mentioned in that Schedule.(1) Any person who attempts to commit an offence against this Act shall be guilty of an offence against this Act and shall be punishable in like manner as for the said offence.(2) Any person who, for the purpose of committing an offence against this Act, has in his possession any prohibited article or any firearm or ammunition shall be guilty of an offence.stop and search that person if the constable suspects with reasonable cause that evidence of the commission of the offence is to be found on that person;search or examine any vehicle, animal, weapon or other thing which that person may then be using if the constable suspects with reasonable cause that evidence of the commission of the offence is to be found on that vehicle, animal, weapon or other thing;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . seize and detain for the purposes of proceedings under this Act anything which is evidence of the commission of the offence and any deer, vehicle, animal, weapon or other thing which is liable to be forfeited under section 6(3) of this Act.(2) For the purposes of exercising the powers conferred by the last foregoing subsection F6or arresting a person, in accordance with section 25 of the Police and Criminal Evidence Act 1984, for an offence under this Act a constable may enter any land other than a dwelling-house.(3) A constable may sell any deer seized under this section and the net proceeds of the sale shall be liable to be detained and forfeited in the same manner as the deer sold; but he shall not be subject to any liability on account of his neglect or failure to exercise the powers conferred by this section.(1) Subject to the next following subsection, a person guilty of an offence under this Act shall be liable on summary conviction to a fine not exceeding F8level 4 on the standard scale or to imprisonment for a term not exceeding three months or to both.any deer in respect of which the offence was committed or which was found in his possession;any vehicle, animal, weapon or other thing which was used to commit the offence or which was capable of being used to take, kill or injure deer and was found in his possession.For the purposes of this Act, unless the context otherwise requires— (1) A person shall not be guilty of an offence against section 1 or section 2 of this Act by reason of any act done for the purpose of preventing suffering by an injured or diseased deer, or of an offence against section 3(1) (a) or (b) of this Act by reason of setting in position, or using, any trap or net for that purpose.(2) Nothing in section 1 or section 2 of this Act shall make unlawful anything done in pursuance of a requirement by the Minister of Agriculture, Fisheries and Food under section 98 of the any person, by way of business, keeps deer on land enclosed by a deer-proof barrier for the production of meat or other foodstuffs or skins or other by-products, or as breeding stock; andthose deer are conspicuously marked in such a way as to identify them as deer kept by that person as mentioned in the preceding paragraph,(3) A person shall not be guilty of an offence under section 3(1) (c) (i) of this Act by reason of the use of any smooth-bore gun for the purpose of killing any deer if he shows that the deer had been so seriously injured otherwise than by his unlawful act or was in such a condition that to kill it was an act of mercy.is of not less gauge than 12 bore;has a
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