§ Lord Northfield
asked Her Majesty's Government:
Whether, in respect of deer, the word "take" in Scottish legislation is understood to mean "take alive"; and if so, when this interpretation was decided.
§ Lord Gray of Contin
Within the context of the Deer (Scotland) Act 1959, which is the primary legislation affecting deer in Scotland, "take" has been interpreted by the courts as meaning "take alive". I refer the noble Lord to the decision of the High Court of Justiciary in the case ofMiln v. Maher reported in 1979 Justiciary Cases at page 58.