Section 5 Powers of search, arrest and seizure.F1

England and Wales

(1)

If a constable suspects with reasonable cause that any person is committing or has committed an offence under this Act, the constable may without warrant—

(a)

stop and search that person if the constable suspects with reasonable cause that evidence of the commission of the offence is to be found on that person;

(b)

search or examine any vehicle, animal, weapon or other thing which that person may then be using if the constable suspects with reasonable cause that evidence of the commission of the offence is to be found on that vehicle, animal, weapon or other thing;

(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(d)

seize and detain for the purposes of proceedings under this Act anything which is evidence of the commission of the offence and any deer, vehicle, animal, weapon or other thing which is liable to be forfeited under section 6(3) of this Act.

(2)

For the purposes of exercising the powers conferred by the last foregoing subsection F3or arresting a person, in accordance with section 25 of the Police and Criminal Evidence Act 1984, for an offence under this Act a constable may enter any land other than a dwelling-house.

(3)

A constable may sell any deer seized under this section and the net proceeds of the sale shall be liable to be detained and forfeited in the same manner as the deer sold; but he shall not be subject to any liability on account of his neglect or failure to exercise the powers conferred by this section.

Annotations

Textual amendments

F1: Ss. 5 and 6 substituted for ss. 5–8 by Deer Act 1980 (c. 49, SIF 4:3), s. 7, Sch. 2
F2: S. 5(1)(c) repealed by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), Sch. 7 Pt. I
F3: Words inserted by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), Sch. 6 para. 13

Notes on the whole Act

Textual amendments

F1: Act repealed (25.10.1991) by Deer Act 1991 (c. 54, SIF: 4:3), ss. 17(6), 18(3), Sch.4