Poaching
| Author | Laura Saunsbury/Nick Doherty |
| Pages | 159-164 |
Chapter 11 Poaching
INTRODUCTION
11.01 In addition to seeking a prosecution,
If a person is trespassing on land, that is to say, is on land where he has no right to be, the owner or occupier of that land may order that person to leave at once. If the person does not leave, the owner, the occupier or others under the direction of the occupier or owner, may use force to expel him provided that they only use such force as is necessary to remove him.
11.02 Acts of Parliament have created a number of poaching offences whose ingredients and penalties vary according to whether the offences are committed in the daytime or by night, whether the poacher is alone or with others, whether or not he is armed, and whether he resists or co-operates when detected.
160 The Firearms Law Handbook
POACHING IN THE DAYTIME
11.03 If you ‘commit any trespass
11.04 If you are caught in the circumstances just mentioned by any one of a number of specified persons, you must, if asked to do so, leave the land at once and supply your full names and address. The persons who are entitled to make these requests are:
(a) the person having the right of killing game on the land;
(b) the occupier of the land, whether or not he has the right of killing game on it;
(c) the gamekeeper or other servant of, or any person authorised by, either of the persons described in (a) and (b) above;
(d) a police constable.
11.05 If you refuse to give your real name and address, or give such a general description of your place of abode ‘as shall be illusory for the purpose of discovery’, or wilfully continue or return upon the land, you may be apprehended by the person making the request, or by anybody acting by his order and in his aid, and later charged before a magistrate.
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