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Night Poaching Act 1828

9 Geo. 4 c. 69 · Enacted 19 July 1828 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 1 August 2022.

An Act for the more effectual Prevention of Persons going armed by Night for the Destruction of Game.

[19th July 1828]

C1C2C3 F2... And whereas the Practice of going out by night for the purpose of destroying Game has ... very much increased of late years, and has in very many instances led to the commission of Murder, and of other grievous offences; and it is expedient ... to make more effectual Provisions than now by law exist for repressing such practice:

Annotations to the whole text

Textual amendments

F1

Act repealed (N.I.) by Game Law Amendment Act (Northern Ireland) 1951 (c. 4 (N.I.)), Sch.; and Act repealed (29.6.2011) (S.) by the Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), s. 43(1), Sch. Pt. 2; S.S.I. 2011/279, art. 2(1)(l)(ii) (as substituted by S.S.I. 2011/287, art. 2)

F2

Words repealed by Statute Law Revision (No. 2) Act 1888 (c. 57)

Modifications

C1

Short title “The Night Poaching Act 1828” given by Short Titles Act 1896 (c. 14)

C2

Act extended by Night Poaching Act 1844 (c. 29), s. 1; amended (S.) by Game Laws Amendment (Scotland) Act 1877 (c. 28), s. 10; amended as to prosecutions in the sheriff court with the provision that the same shall be taken at the instance of the procurator fiscal by Sheriff Courts and Legal Officers (Scotland) Act 1927 (c. 35), s. 12 and S.R. & O. 1938/606 (Rev. XXI, p. 698: 1938 II, p. 3142); amended as to imprisonment with hard labour by Criminal Justice Act 1948 (c. 58), s. 1(2) and Criminal Justice (Scotland) Act 1949 (c. 94), s. 16(2) and as to transportation by Penal Servitude Act 1857 (c. 3), s. 2, Criminal Justice Act 1948 (c. 58), s. 1(1)

C3

Certain words of enactment and other words repealed by Statute Law Revision (No. 2) Act 1888 (c. 57) and remaining words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3

Contents

  1. 1Persons taking or destroying game by Night to be committed, for the 1st Offence, for 3 Months, and kept to hard labour, and to find Sureties; 2d Offence, 6 months, and kept to hard labour, and to find sureties; 3d Offence, to be liable to transportation.
  2. 2Owners or occupiers of land, lords of manors, or their servants, may apprehend offenders. Offenders assaulting or offering violence deemed guilty of misdemeanor, and be liable to be transported for seven years, or imprisoned for two years.
  3. 3Power to issue a warrant for apprehension of offenders. Repealed
  4. 4Limitation of time for proceedings under this Act. Repealed
  5. 5Form of conviction Repealed
  6. 6Appeal. Repealed
  7. 7No certiorari, &c. Repealed
  8. 8Convictions to be returned to the quarter sessions and registered, and may be given in evidence. Repealed
  9. 9If persons to the number of three, being armed, enter any land for the purpose of taking or destroying game, they shall be deemed guilty of a misdemeanor. Punishment.
  10. 10Jurisdiction of sheriffs in Scotland. Proving of convictions. Repealed
  11. 11Third Offences, &c. to be tried in certain courts Repealed
  12. 12What time shall be considered night.
  13. 13What shall be deemed game.

1Persons taking or destroying game by Night to be committed, for the 1st Offence, for 3 Months, and kept to hard labour, and to find Sureties; 2d Offence, 6 months, and kept to hard labour, and to find sureties; 3d Offence, to be liable to transportation.F1 E+W+S

(F21)

F3... If any person shall, ... by night, unlawfully take or destroy any game or rabbits in any land, whether open or enclosed, or shall by night unlawfully enter or be in any land, whether open or enclosed, with any gun, net, engine, or other instrument, for the purpose of taking or destroying game, F4he shall be liable on summary conviction F5to imprisonment for a term not exceeding 51 weeks, to a fine F6or to both.

(F72)

In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales), the reference in subsection (1) to 51 weeks is to be read as a reference to 6 months.

2Owners or occupiers of land, lords of manors, or their servants, may apprehend offenders. Offenders assaulting or offering violence deemed guilty of misdemeanor, and be liable to be transported for seven years, or imprisoned for two years.F1

F2... Where any person shall be found upon any land committing any such offence as is herein-before mentioned, it shall be lawful for the owner or occupier of such land F3... , or for the lord of the manor or reputed manor wherein such land may be situate, and also for any gamekeeper or servant of any of the persons herein mentioned, or any person assisting such gamekeeper or servant, to seize and apprehend such offender upon such land, or in case of pursuit being made, in any other place to which he may have escaped therefrom, and to deliver him, as soon as may be, into the custody of a peace officer, in order to his being conveyed before two justices of the peace; and in case such offender shall assault or offer any violence with any gun, crossbow, fire arms, bludgeon, stick, club, or any other offensive weapon whatsoever, towards any person hereby authorized to seize and apprehend him, he shall, F4be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding F5level 4 on the standard scale, or to both.

3Power to issue a warrant for apprehension of offenders.F2F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4Limitation of time for proceedings under this Act.F2F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5Form of convictionF2F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6Appeal.F2F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7No certiorari, &c.F2F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8Convictions to be returned to the quarter sessions and registered, and may be given in evidence.F2F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9If persons to the number of three, being armed, enter any land for the purpose of taking or destroying game, they shall be deemed guilty of a misdemeanor. Punishment.F1C1

F2... If any persons, to the number of three or more together, shall by night unlawfully enter or be in any land, whether open or inclosed, for the purpose of taking or destroying game or rabbits, any of such persons being armed with any gun, crossbow, fire arms, bludgeon, or any other offensive weapon, each and every of such persons shall be guilty of a misdemeanor, and being convicted thereof F3... , shall be liable F4on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding F5level 4 on the standard scale, or to both

10Jurisdiction of sheriffs in Scotland. Proving of convictions.F2F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11Third Offences, &c. to be tried in certain courtsF2F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12What time shall be considered night.F1

Provided always, F2... that for the purposes of this Act the night shall be considered and is hereby declared to commence at the expiration of the first hour after sunset, and to conclude at the beginning of the last hour before sunrise.

13What shall be deemed game.F1

F2... For the purposes of this Act the word “game” shall be deemed to include hares, pheasants, partridges, grouse, heath or moor game, black game, and bustards.