§ Lord Northfield
asked Her Majesty's Government:
What, in detail, are the provisions for forfeiture which are available (under various enactments) to courts in Scotland for offences under the Deer Acts.
§ The Minister of State, Scottish Office (Lord Sanderson of Bowden)
Where a court in Scotland has convicted a person of an offence under the Deer (Scotland) Act 1959, as amended by the Deer (Amendment) (Scotland) Act 1982, the court is empowered to order forfeiture of deer illegally taken, or killed, or in possession at the time of the offence under the following provisions of the 1959 Act:—
Provision Offence Section 21(5) Taking or wilfully killing or injuring red deer in close seasons; Section 22 Poaching; Section 23 Taking, killing or injuring of deer in unlawful manner; Section 24 Unlawful taking killing or injuring of deer, or breach of firearms order, by two or more persons acting together.
A general power to order forfeiture of property is also available to the courts under Sections 223 and 436 of the Criminal Procedure (Scotland) Act 1975, which relate to solemn and summary proceedings respectively. The sections provide that where a person is convicted of an offence, the court may order the forfeiture of any property in his possession or under his control at the time of his apprehension, provided that the court is satisfied that the property had been used, or was intended to be used, for the purpose of committing, or facilitating the commission of any offence.