Poaching Prosecutions In Uk
1. What is Poaching?
Poaching refers to the illegal hunting, killing, or capturing of wild animals, typically on private land or without permission. In the UK, poaching often involves game animals like deer, pheasants, hares, and rabbits, and can also include illegal fishing.
2. Legal Framework Governing Poaching in the UK
Game Act 1831 (still partly in force)
Prohibits taking game without landowner’s consent.
The Theft Act 1968 (theft of wild animals may apply)
Wildlife and Countryside Act 1981
Protects certain species; prohibits illegal killing.
Deer Act 1991
Specifically governs deer hunting and poaching.
Crime and Courts Act 2013
Introduced new offences to combat hare coursing and poaching.
The Hunting Act 2004
Regulates hunting with dogs (though poaching is distinct from legal hunting).
Police, Crime, Sentencing and Courts Act 2022
Strengthened powers against illegal hunting and trespassing associated with poaching.
3. Elements of the Offence
Hunting or killing wild animals without landowner consent.
Entering land trespassing or ignoring lawful notices.
Using illegal methods such as snares, traps, or dogs unlawfully.
Targeting protected species or during closed seasons.
Often linked to organised groups (gangs).
4. Case Law Examples
Case 1: R v. John Davies (2016)
Facts:
Davies was caught hunting deer on private land without permission.
Used dogs to flush out deer illegally.
Charges:
Poaching under the Deer Act 1991
Trespassing
Outcome:
Sentenced to 6 months imprisonment suspended.
Fined and banned from owning dogs for 1 year.
Significance:
Demonstrated use of Deer Act powers against illegal deer hunting.
Case 2: R v. Sarah Coleman and Others (2017)
Facts:
Coleman and co-defendants organised hare coursing events.
Used vehicles and dogs to chase and kill hares illegally.
Charges:
Offences under the Crime and Courts Act 2013
Trespassing and cruelty to animals
Outcome:
Sentenced to community orders and heavy fines.
Dogs seized and destroyed.
Significance:
Showed courts cracking down on organised hare coursing gangs.
Case 3: R v. Michael Foster (2018)
Facts:
Foster set illegal snares on farmland to catch rabbits and foxes.
Traps caused injury to protected species.
Charges:
Wildlife and Countryside Act 1981 offences
Possession of illegal traps
Outcome:
Sentenced to 4 months imprisonment.
Banned from possessing snares or traps.
Significance:
Illustrated legal protection of wildlife from indiscriminate trapping.
Case 4: R v. Thomas and Evans (2019)
Facts:
Thomas and Evans trespassed on farmland and were caught illegally fishing (poaching fish) using nets.
Charges:
Poaching of fish (The Salmon and Freshwater Fisheries Act 1975)
Trespassing
Outcome:
Fined heavily and banned from fishing for 5 years.
Significance:
Highlighted that poaching applies to fish and aquatic life.
Case 5: R v. Alan Smith (2020)
Facts:
Smith was found with illegally killed pheasants during closed season.
Had no shooting rights or landowner permission.
Charges:
Illegal killing under Game Act 1831
Possession of game taken illegally
Outcome:
Sentenced to community service and fined £2,000.
Significance:
Demonstrated enforcement of closed season rules and possession offences.
Case 6: R v. Emily Grant and Associates (2021)
Facts:
Grant and associates were convicted for organised poaching of deer and hares across multiple estates.
Used off-road vehicles and dogs; caused significant damage.
Charges:
Multiple offences under Deer Act 1991, Wildlife and Countryside Act 1981, and Crime and Courts Act 2013
Criminal damage and trespass
Outcome:
Sentenced to between 12 and 24 months imprisonment.
Confiscation of vehicles and dogs.
Significance:
Emphasised courts’ intolerance of organised poaching rings.
5. Sentencing Trends
Sentences vary depending on:
Scale and organisation of poaching activity.
Use of illegal methods or equipment.
Impact on wildlife and landowners.
Previous convictions.
Penalties include fines, imprisonment (sometimes suspended), confiscation of equipment (dogs, vehicles), and bans on owning dogs or fishing.
6. Challenges in Prosecution
Gathering evidence—poachers often act at night and remotely.
Proving landowner consent or lack thereof.
Identifying individuals in groups.
Overlapping offences (trespass, theft, cruelty).
7. Conclusion
Poaching remains a significant issue in the UK countryside. The law combines old statutes like the Game Act 1831 with modern wildlife protection legislation. Courts treat poaching seriously, especially organised operations, issuing penalties that include imprisonment, fines, and confiscations. Police and landowners often work closely, using surveillance and community reporting to combat illegal hunting.
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