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GAME PRESERVATION ACT (NORTHERN IRELAND) 1928 - SECT 6



6.(1) Every officer or constable who has reasonable ground to suspect that any
person is or has been guilty of an offence under this Act, or under any of the
enactments enumerated in the Schedule to this Act, shall have power to do all
or any of the following things, that is to say:

(a)To stop and search any person conveying or believed to be conveying game,
and to inspect any game which such person is found to be conveying, and for
that purpose to open and search any vehicle or package in which such game is
or may be or is believed to be conveyed;

(b)At all reasonable times to enter upon and have free access to the interior
of

(i)any premises in which game is or is believed to be sold, or kept, exposed,
or stored for sale; or

(ii)the premises of any person engaged in the business of carrying goods for
reward; or

<(iii)any pier, quay, wharf, jetty, dock or dock premises; or


<(iv)any ship, boat, railway wagon, motor lorry, cart, or other vessel or vehicle used for the conveyance of goods;


(c)To examine all game found in any place which he is authorised by this
section to enter, and for that purpose to open any package found in such place
and containing or believed to contain game;

(d)To take, remove, and detain in his custody any game (either together with
or without any package in which the same may be contained) found in the course
of the exercise of any of the powers conferred by this section, in respect of
which an offence under this Act or any of the enactments enumerated in the
Schedule to this Act is being or is suspected of being committed, or which has
been or is suspected of having been illegally obtained;

(e)To demand and take the name and address of the person having custody of any
game, and also to demand and take from such person the name and address of the
owner or consignor of such game.

[(2) Where any officer or constable takes and detains in his custody any game
under the authority of paragraph (d) or any instrument under the authority of
paragraph (dd) of the preceding sub-section, he shall as soon as conveniently
may be take such steps as may be proper to have the person guilty or believed
to be guilty of the offence committed, or believed to have been committed, in
relation to or by means of the game or instrument so taken and detained,
brought before a court of summary jurisdiction; and where that person is
convicted of any offence in respect of the game or instrument so taken and
detained, the court may, subject, in relation to game, to the provisions of
the next succeeding sub-section, order such game or instrument to be sold or
destroyed.]

[(2A) Where any officer or constable takes and detains in his custody any game
under the authority of paragraph (d) of sub-section (1) of this section, he
shall as soon as conveniently may be, unless such game has previously been
dealt with under the last preceding sub-section, produce it to a justice of
the peace, who may authorise it to be sold or destroyed. If no person is
convicted of an offence in respect of such game, that game, or the proceeds of
the sale thereof authorised as aforesaid, shall be restored, or paid, to the
person from whom such game was seized; and an officer or constable who, by
direction of a justice given in writing, sells or destroys any game so seized
as aforesaid shall not be liable to any penalty in respect of such sale, or
for any loss caused by such sale or destruction.

(2B) Where a person is convicted of an offence in respect of any game or
instrument sold under sub-section (2) or sub-section (2A) of this section, the
proceeds of such sale shall be added to and dealt with in the same manner as
any penalty imposed for such offence.]

(3) No officer or constable shall be liable for any loss or damage occasioned
by or in the course of the exercise of any of the powers conferred on him by
this section, unless such loss or damage was caused by such officer or
constable wantonly or maliciously.

(4) Every person who obstructs or impedes any officer or constable in the
exercise of any of the powers conferred on him by this section, or refuses to
give his own name and address, or the name and address (so far as known to
him) of the owner or consignor of any game, when such name and address are
demanded under the powers conferred by paragraph (e) of sub-section (1) of
this section, shall be guilty of an offence under this Act.[


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© 1928 Crown Copyright

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