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WILD BIRDS PROTECTION ACT (NORTHERN IRELAND) 1931 - SECT 15

15.[(1) Where a person is seen or found offending or is reasonably suspected
of offending or having offended against this Act, an officer or constable of
the Royal Ulster Constabulary may, without warrant, stop, detain and search
him, and if his name and address are not known to the officer or constable,
and such person fails to give them to the satisfaction of the officer or
constable, the officer or constable may, without warrant, apprehend him; and
the officer or constable may, whether so stopping or detaining or apprehending
the person or not, detain and examine any bird, egg, nest, gun or other
instrument, vehicle, boat, package, vessel or other thing to which the offence
or suspected offence relates, and may seize and, pending prosecution, detain
any such thing as aforesaid.]

[(1A) Where an order made under sub-section (1) of section seven of this Act
is in force, then, without prejudice to any other provision of this Act, any
officer or constable of the Royal Ulster Constabulary who has reasonable
ground to suspect that any person is or has been guilty of any contravention
of the order may

(a)stop and search any person conveying or believed to be conveying birds, and
inspect any birds which such person is found to be conveying, and for that
purpose open and search any vehicle, vessel, package or thing in which such
birds are or may be or are believed to be conveyed;

(b)enter at all reasonable times and search

(i)any premises in which birds are or are believed to be sold, or kept,
exposed or stored for sale;

(ii)the premises of any person engaged in the business of carrying goods for
reward;

<(iii)any pier, quay, wharf, jetty, dock or dock premises;


<(iv)any ship, boat, railway wagon, motor lorry, cart or other vessel or vehicle used or believed to be used for the conveyance of goods;


(v)any aerodrome or premises used in connection therewith, or any aircraft;

(c)examine any birds found in any place or thing entered by virtue of this
section, and for that purpose open any package found therein and containing or
believed to contain birds;

(d)take, remove and detain in his custody any birds (whether with or without
any package containing them) found in the course of the exercise of any power
conferred by this section, in respect of which an offence under this section
is being or is suspected of being committed;

(e)demand and take the name and address of the person having custody of any
birds, and demand and take from such person the name and address of the owner
or consignor of such birds.]

(2) If any person obstructs or impedes or assists to obstruct or impede an
officer or constable in the execution of his duty under this Act the officer
or constable may, without warrant, apprehend such person.

[(3) When an officer or constable takes and detains in his custody under the
authority of this Act any bird, egg or nest, he shall as soon as conveniently
may be

(a)take such steps as may be proper to have any person believed to be guilty
of the offence committed, or believed to have been committed, in relation to
such bird, egg, or nest brought before a court of summary jurisdiction;

(b)produce such bird, egg, or nest to a justice of the peace or resident
magistrate who may order such bird to be sold, liberated or destroyed, or such
egg or nest to be sold or destroyed.

(i)is convicted of an offence under this Act, the proceeds of such sale shall
be added to and dealt with in the same manner as any fine imposed in respect
of such offence;

(ii)is not so convicted, the proceeds of such sale shall be handed over to
him; and an officer or constable of the Royal Ulster Constabulary who pursuant
to a written direction given by a justice of the peace or resident magistrate
sells or destroys any bird, egg or nest so seized, shall not be liable to any
legal proceedings for any such sale or destruction or for any loss caused by
such sale or destruction.]

(4) No officer or constable shall be liable for any loss or damage occasioned
by or in the course of the exercise of any of the powers conferred on him by
this Act, unless such loss or damage was caused by such officer or constable,
wantonly or maliciously.

(5) Every person who obstructs or impedes any officer or constable in the
exercise of any of the powers conferred on him by this Act, or refuses to give
his name and address, or gives an untrue name and address when such name and
address are demanded under the powers conferred on an officer or constable
under this Act, shall be guilty of an offence under this Act.

(6) An officer or constable shall, if he has reasonable cause to suspect that
any offence under this Act has been, is being, or is about to be, committed on
any land, have power to enter on the land without the consent of the owner or
occupier and inspect the land.

(7) If a justice of the peace is satisfied by information on oath that there
is reasonable ground for suspecting that an offence under this Act has been,
is being, or is about to be, committed, he may grant a search warrant
authorising any officer or constable named therein to enter at any time any
house or premises named in the warrant, if necessary by force, and to search
the house or premises, and seize and pending prosecution detain any bird, egg,
nest, gun or other instrument which he may find in the house or premises in
respect of which or in connection with which he has reasonable ground for
suspecting that an offence under this Act has been, is being, or is about to
be, committed.

© 1931 Crown Copyright

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