Section 23 Unlawful taking or killing of deer.C1

Subject to section thirty-three F1or 33A of this Act, any person who takes or wilfully kills F2or injures deer between the expiration of the first hour after sunset and the commencement of the last hour before sunrise shall be guilty of an offence.

Subject to section thirty-three of this Act, it shall be an offence F3wilfully to kill F4or injure deer otherwise than by shooting, and shooting for the purposes of this section means discharging a firearm, F5of a class prescribed in an order under section 23A(1) of this Act.

F6(2A) Subject to subsection (2B) below and section 33(1) of this Act, if any person—

he shall be guilty of an offence.

Nothing in subsection (2A)(b) above shall make unlawful anything done by, or under the supervision of, a veterinary surgeon or practitioner.

In subsection (2B) above “veterinary practitioner” means a person who is for the time being registered in the supplementary register, and “veterinary surgeon” means a person who is for the time being registered in the register of veterinary surgeons.

Any person guilty of an offence against F9subsection (1), (2) or (2A) of this section shall be liable on summary conviction to a fine not exceeding F10F11level 4 on the standard scale for each deer in respect of which the offence was committed or to imprisonment for a term not exceeding three months, or to both such fine and imprisonment F12and to the forfeiture of any deer illegally taken or killed by him or in his possession at the time of the offence.

F13(3A) F14Subject to section 33A of this Act,Any person who uses a vehicle to drive deer on F15any land with the intention of taking, killing or injuring them shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale or to imprisonment for a term not exceeding 3 months or to both.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

Nothing in the provisions of this section shall be construed as prohibiting a person having a legal right to take deer on any land, or a person with permission in writing from any such person as aforesaid, from taking a deer F17. . . on that land in any manner which does not cause it unnecessary suffering.