Game Laws (Amendment) Act 1960
| Jurisdiction | UK Non-devolved |
| Citation | 1960 c. 36 |
Game Laws (Amendment) Act , 1960
(8 & 9 Eliz. 2) 36
An Act to make better provision for the prevention of poaching.
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Power of police in respect of persons trespassing in pursuit of game.
(1) A police constable may arrest a person found on any land committing an offence under section one or section nine of the Night Poaching Act, 1828 (which sections relate to persons trespassing in pursuit of game by night).
(2) The powers exercisable under section thirty-one of the Game Act, 1831 (which provides that occupiers of land and certain other persons may require any person found in pursuit of game in the daytime to quit the land and give his name and address and, if he fails to do so, may apprehend him), shall also be exercisable by a police constable, and accordingly, in that section, after the words ‘any person authorised by either of them’ there shall be added the words ‘or for any police constable’.
(3) Subsection (1) of this section shall be without prejudice to the general power of arrest conferred in respect of indictable offences committed in the night by section eleven of the Prevention of Offences Act, 1851.
2 Power of police to enter on land.
(1) Subject to the provisions of subsection (3) of this section, a police constable who has reasonable grounds for suspecting that a person is committing an offence on any land under section one or section nine of the Night Poaching Act, 1828, or under section thirty or section thirty-three of the Game Act, 1831 (which relate to persons trespassing in pursuit of game in the daytime), may enter on the land for the purpose of exercising any power conferred on him by the foregoing section.
(2) In this section, as well as in the foregoing section, the word ‘land’ includes land belonging to Her Majesty in right of the Crown or of the Duchy of Lancaster or in Her private capacity, and land belonging to the Duchy of Cornwall, and land belonging to a Government department or held in trust for Her Majesty for the purposes of a Government department, and, subject to subsection (3) of this section, this section shall be binding on the Crown.
(3) The power of entry conferred by subsection (1) of this section shall not be exercisable in relation to land occupied by or under the management of—
(a ) the Admiralty, the Secretary of State for War, or the Secretary of State for Air, or
(b ) the Minister of Aviation, or
(c ) the United Kingdom Atomic Energy Authority.
3 Amendment of Poaching Prevention Act, 1862.
(1) The Poaching Prevention Act, 1862, shall be amended as follows.
(2) In section two of the said Act (which empowers police constables to search persons suspected of poaching and to seize game, guns and other articles, and provides for their forfeiture) the words ‘or nets or engines used for the killing or taking game’ shall cease to have effect but that section shall apply—
(a ) in relation to cartridges and other ammunition, and
(b ) in relation to nets, traps, snares and other devices of a kind used for the killing or taking of game,
as it applies in relation to any gun or part of a gun; and in section one of the said Act (which relates, amongst other things, to jurisdiction in respect of offences under the said section two) for the words ‘net, snare, or engine after mentioned’ there shall be substituted the words ‘or other article to which section two of this Act...
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