Section 4 — Arrest, search and seizure

Part of Protection of Wild Mammals (Scotland) Bill: Stage 3 – in the Scottish Parliament at 4:15 pm on 13th February 2002.

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Photo of Allan Wilson Allan Wilson Labour 4:15 pm, 13th February 2002

The police are already under a duty to look after animals that are seized properly. The duty is similar to the duty to look after articles or other evidence that is seized in a case. If an animal becomes evidence in a case, the responsibility passes to the Crown, which also has a duty to care properly for it. The Executive regards it as highly unlikely that animals would be used as evidence in cases, but Mr Mundell's amendment 15 appears to place all the responsibility to care for seized animals on the police. That is not an accurate statement of the position.

As members can imagine, financial consequences would flow from the provisions in amendment 15. The Executive invites the Parliament to reject the amendment.