The implementation of the Wild Mammals (Protection) Act 1996 has made it easier for the police to act to protect wild animals in the countryside from cruelty than ever before.

The Act gives officers more power to prosecute those causing unnecessary and unlawful suffering to wild animals such as hedgehogs, squirrels and foxes.

Under the Act, any person who mutilates, kicks, beats, nails or otherwise impales, stabs, burns, stones, crushes, drowns, drags or asphyxiates a wild mammal with intent to inflict unnecessary suffering is guilty of an offence.

The maximum penalty is a £5,000 fine and/or six months imprisonment for each offence. The Act gives the courts power to confiscate any vehicle or equipment used in the commission of the offence, and can order their disposal or destruction.

The Act does allow for certain exceptions. An offence is not committed by someone who:

• kills a wild mammal as an act of mercy if it has been so seriously disabled - other than by an unlawful act - that there is no reasonable chance of its recovery
• kills, in a swift and humane way, a mammal injured in the course of any lawful activity, such as shooting, hunting, coursing or pest control using snares, traps, dogs, birds or poisons.

The emphasis is very much on the word lawful. Trespassing with dogs, or using snares and traps without authority, may constitute an offence under legislation such as The Wildlife and Countryside Act 1981, Badgers Act 1992 and Deer Act 1991.

Under the Act, police officers may stop and search any person, their vehicle or belongings where there are reasonable grounds for suspecting the individual of committing an offence.

Officers have power to seize and detain anything which may be evidence of the commission of the offence although there is no specific power of arrest under the Act.