lexiara

Section 11

WCA 1981

Subject to the provisions of this Part, if any person— he shall be guilty of an offence. sets in position otherwise than in Wales any self-locking snare which is of such a nature and so placed as to be calculated to cause bodily injury to any wild animal coming into contact therewith; uses otherwise than in Wales for the purpose of killing or taking any wild animal any self-locking snare, whether or not of such a nature or so placed as aforesaid, any bow or cross-bow or any explosive other than ammunition for a firearm; ... sets in position in Wales any snare, or other cable restraint, which is of such a nature and so placed as to be likely to cause bodily injury to any wild animal coming into contact with it; uses in Wales for the purpose of killing or taking any wild animal any snare, or other cable restraint, whether or not of such a nature or so placed as aforesaid; sets in position in Wales any glue trap which is of such a nature and so placed as to be likely to catch any animal coming into contact with it; uses in Wales for the purpose of killing or taking any animal any glue trap, whether or not of such a nature or so placed as aforesaid; uses in Wales for the purpose of killing or taking any wild animal any bow or cross-bow or any explosive other than ammunition for a firearm; uses as a decoy, for the purpose of killing or taking any wild animal, any live mammal or bird whatever, ; or knowingly causes or permits to be done an act which is mentioned in the foregoing provisions of this section, Subject to the provisions of this Part, a person shall be guilty of an offence if that person— uses , otherwise than in Wales, any trap or snare , or in Wales, any trap other than a glue trap, for the purpose of killing or taking or restraining any wild animal included in Schedule 6 or 6ZA; sets in position , otherwise than in Wales, any trap or snare , or in Wales, any trap other than a glue trap, of such a nature and so placed as to be— in England ..., calculated to cause bodily injury to any wild animal included in Schedule 6 or 6ZA; in Scotland or Wales, likely to cause bodily injury to any such wild animal; sets in position any electrical device for killing or stunning, or any poisonous, poisoned or stupefying substance, of such a nature and so placed as to be— in England ..., calculated to cause bodily injury to any wild animal included in Schedule 6; in Scotland or Wales, likely to cause bodily injury to any such wild animal; uses for the purpose of killing or taking any wild animal included in Schedule 6— any electrical device for killing or stunning; any poisonous, poisoned or stupefying substance; any net; any automatic or semi-automatic weapon; any device for illuminating a target or sighting device for night shooting; any form of artificial light or any mirror or other dazzling device; any gas or smoke not falling within sub-paragraph (ii); any sound recording used as a decoy; or any mechanically propelled vehicle in immediate pursuit of any such animal; uses any mechanically propelled vehicle for the purpose of driving any wild animal included in Schedule 6; or knowingly causes or permits to be done an act mentioned in paragraphs (a) to (e). Subject to the provisions of this Part, if any person— he shall be guilty of an offence. sets in position or knowingly causes or permits to be set in position , otherwise than in Wales, any snare which is of such a nature and so placed as to be calculated to cause bodily injury to any wild animal coming into contact therewith; and while the snare remains in position fails, without reasonable excuse, to inspect it, or cause it to be inspected, at least once every day, The Secretary of State may, for the purpose of complying with an international obligation, by order, either generally or in relation to any kind of wild animal specified in the order, amend subsection (1) or (2) by adding any method of killing or taking wild animals or by omitting any such method as is mentioned in that subsection. In any proceedings for an offence under subsection (1)(b) (ba), (bb) or (c) or (2)(a), (d) or (e), and in any proceedings for an offence under subsection (1)(d) or (2)(f) relating to an act which is mentioned in any of those paragraphs the animal in question shall be presumed to have been a wild animal unless the contrary is shown. In any proceedings for an offence under subsection (2)(b) or (c) it shall be a defence to show that the article was set in position by the accused for the purpose of killing or taking, in the interests of public health, agriculture, forestry, fisheries or nature conservation, any wild animals which could be lawfully killed or taken by those means and that he took all reasonable precautions to prevent injury thereby to any wild animals included in the relevant Schedule. In any proceedings for an offence under subsection (2)(f) relating to an act which is mentioned in subsection (2)(b) or (c) it shall be a defence to show that the article was set in position for the purpose of killing or taking, in the interests of public health, agriculture, forestry, fisheries or nature conservation, any wild animals which could be lawfully killed or taken by those means and that he took or caused to be taken all reasonable precautions to prevent injury thereby to any wild animals included in the relevant Schedule. For the purposes of paragraphs (bc) and (bd) of subsection (1), “animal means a vertebrate (other than a human). In subsections (6) and (7), “the relevant Schedule” means— where proceedings relate to an offence under subsection (2)(b), Schedule 6 or 6ZA; where proceedings relate to an offence under subsection (2)(c), Schedule 6.

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