Section 44(1)

A person (“P”) is not guilty of the offence under regulation 43(1)(a) of deliberately capturing a wild animal of a European protected species, or an offence under regulation 43(3)(a) or (b), if P shows that the act in question— was in relation to an animal that had been disabled otherwise than by P's unlawful act; and was done solely for one or both of the purposes of— tending it and releasing it when no longer disabled; or releasing it after it had been tended.

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