Section 44(3)

A person is not guilty of the offence under regulation 43(1)(a) of deliberately injuring a wild animal of a European protected species if that person shows that this was done solely— for the purpose of taking a sample by virtue of any of the sampling provisions; or for the purpose of taking a sample to be used in evidence in any criminal proceedings in respect of an offence specified in paragraph (11) (wherever the offence was committed).

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