Section 10(3)

Notwithstanding anything in section 9, a person shall not be guilty of an offence by reason of— the taking of any such animal if he shows that the animal had been disabled otherwise than by his unlawful act and was taken solely for the purpose of tending it and releasing it when no longer disabled; the killing of any such animal if he shows that the animal had been so seriously disabled otherwise than by his unlawful act that there was no reasonable chance of its recovering; or any act made unlawful by that section if he shows that the act was the incidental result of a lawful operation and could not reasonably have been avoided.

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Source: legislation.gov.uk · retrieved 2026-07-30