Shooting Game
| Author | Laura Saunsbury/Nick Doherty |
| Pages | 151-158 |
Chapter 10
Shooting Game
WHAT IS MEANT BY ‘GAME’?
10.01 There are several Acts of Parliament dealing with the shooting of game. In some of those Acts the term ‘game’ is defined; however, the definitions are not always consistent. In some Acts there is no definition of the term. The definition, or the lack of it, is mentioned in this chapter when each of the statutory provisions is dealt with.
10.02 It is also important to note that under the legislation the word ‘game’ is not always given its everyday meaning; for example, rabbits (which are also referred to as conies) are included in the definition in some Acts.
10.03 Strictly speaking, deer cannot be regarded as game but, since most of the law in this chapter applies to game and deer, both are dealt with in the one chapter. The law relating specifically to the shooting of deer can be found in Chapter 12.
10.04 Finally, the reader will find references made to various different types of game such as black game, red game, moor game and ground game. These terms are taken from the legislation, which on the whole does not seek to define them, and so we are left to apply a common sense approach as to what might be included in these various types of game.
152 The Firearms Law Handbook
WHEN CAN I SHOOT GAME?
10.05 There are periods of the year, known as ‘close seasons’, during which game and deer
10.06 Furthermore, there are certain days and times, outside the close seasons, during which game must not be killed. Game must not be killed on a Sunday or on Christmas Day.
10.07 In addition to the different definitions of game, there is a further distinction between shooting out of season and shooting on a Sunday or on Christmas Day. In both instances, in the Game Act 1831 (GA 1831), the words ‘kill or take’ are used, but in respect of Sundays and Christmas Day there are the added words: ‘or use any dog, gun, net, or other engine or instrument
A general exception arises under Agriculture Act 1947 (AA 1947), s 98. In this instance government ministers may require a person having the right to do so to take steps to kill particular birds and animals which are causing damage, even though they may be out of season. The only animals which may presently be the subject of this requirement are deer, though other animals and birds may be nominated by government order.
For special exceptions relating to deer, see para 12.21 and, in the case of deer, the maximum punishment on summary conviction is a fine at level 4 on the standard scale (currently £2,500), or 3 months’ imprisonment, or both (DA 1991, s 9(1)). If an offence involves more than one deer, the maximum fine shall be regarded as if there was a separate offence against each deer (DA 1991, s 9(2)).
In the case of game, the maximum penalty on summary conviction is a fine at level 1 on the standard scale (currently £200), for every head of game illegally taken (GA 1831, s 3; G(S)A 1772, s 1).
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