A person is not guilty of an offence of deliberately capturing a wild animal that is a European protected species1, or an offence of possessing, controlling or transporting a species or subspecies listed in the relevant provision of the Habitats Directive2, if he shows that the act in question was in relation to an animal that had been disabled otherwise than by his unlawful act and was done solely for one or both of the purposes of tending it and releasing it when no longer disabled or for the purpose of releasing it after it had been tended3.
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