Deer (Amendment) (Scotland) Act 1996 (repealed 19.11.1996)
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Change 1
9 Illegal possession of deer or firearms.
For section 25 of the principal Act (unlawful possession of deer and firearms) there shall be substituted the following sections— Illegal possession of deer or firearms. 25 (1) A person who is in possession of a deer or of firearms or ammunition in circumstances which make it reasonable to infer that— (a) he obtained the deer by committing a relevant offence; or (b) he had used the firearm or ammunition for the purpose of committing a relevant offence; or (c) he knew that— (i) a relevant offence had been committed in relation to the deer; or (ii) the firearm or ammunition had been used for the purpose of committing a relevant offence, shall be guilty of an offence under this section and liable on summary conviction to a fine not exceeding level 4 on the standard scale or to imprisonment for a period not exceeding 3 months or both, and to forfeiture of any deer found in his possession. (2) It shall be a defence in proceedings for an offence under this section for the accused to show that no relevant offence had been committed, or that he had no reason to believe that such an offence had been committed. (3) For the purposes of this section a “relevant offence” is an offence under any of sections 21, 22, 23, 23A or 24 of this Act. (4) A person shall not be guilty of an offence under this section in respect of anything done in good faith, including conduct which would otherwise constitute a relevant offence in relation to any deer, where what is done is done for purposes connected with the prevention or detection of crime or the investigation or treatment of disease. (5) It shall be lawful to convict a person charged under this section on the evidence of one witness. Power of court in trial in one offence to convict of another. 25AA If, upon a trial for an offence under any of sections 21, 22, 23, 23A, 24 or 25 of this Act, or any rule of law relating to reset, the court is not satisfied that the accused is guilty of the offence charged but is guilty of another of those offences, it may acquit him of the offence charged but find him guilty of the other offence and he shall then be liable to the same punishment as for that other offence. .
9 Illegal possession of deer or firearms.
For section 25 of the principal Act (unlawful possession of deer and firearms) there shall be substituted the following sections— Illegal possession of deer or firearms. 25 (1) A person who is in possession of a deer or of firearms or ammunition in circumstances which make it reasonable to infer that— (a) he obtained the deer by committing a relevant offence; or (b) he had used the firearm or ammunition for the purpose of committing a relevant offence; or (c) he knew that— (i) a relevant offence had been committed in relation to the deer; or (ii) the firearm or ammunition had been used for the purpose of committing a relevant offence, shall be guilty of an offence under this section and liable on summary conviction to a fine not exceeding level 4 on the standard scale or to imprisonment for a period not exceeding 3 months or both, and to forfeiture of any deer found in his possession. (2) It shall be a defence in proceedings for an offence under this section for the accused to show that no relevant offence had been committed, or that he had no reason to believe that such an offence had been committed. (3) For the purposes of this section a “relevant offence” is an offence under any of sections 21, 22, 23, 23A or 24 of this Act. (4) A person shall not be guilty of an offence under this section in respect of anything done in good faith, including conduct which would otherwise constitute a relevant offence in relation to any deer, where what is done is done for purposes connected with the prevention or detection of crime or the investigation or treatment of disease. (5) It shall be lawful to convict a person charged under this section on the evidence of one witness. Power of court in trial in one offence to convict of another. 25AA If, upon a trial for an offence under any of sections 21, 22, 23, 23A, 24 or 25 of this Act, or any rule of law relating to reset, the court is not satisfied that the accused is guilty of the offence charged but is guilty of another of those offences, it may acquit him of the offence charged but find him guilty of the other offence and he shall then be liable to the same punishment as for that other offence. .
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