9 Protection of certain wild animals

Protection of other animals [and prevention of poaching]

9  Protection of certain wild animals

(1)     Subject to the provisions of this Part, if any person intentionally [or recklessly] kills, injures or takes any wild animal included in Schedule 5, he shall be guilty of an offence.

(2)     Subject to the provisions of this Part, if any person has in his possession or control any live or dead wild animal included in Schedule 5 or any part of, or anything derived from, such an animal, he shall be guilty of an offence.

(3)     A person shall not be guilty of an offence under subsection (2) if he shows that—

(a)     the animal had not been killed or taken, or had been killed or taken [at or from a place in Scotland] otherwise than in contravention of the relevant provisions; or

(b)     the animal or other thing in his possession or control had been sold [at a place in Scotland] (whether

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