Landowners Face More Stringent Penalties For Wildlife Offences

• Published date: 31 March 2021
• Subject Matter: Environment, Real Estate and Construction, Environmental Law, Landlord & Tenant - Leases
• Law Firm: Shepherd and Wedderburn LLP
• Author: Mr Stephanie Hepburn

It has long been a criminal offence to unlawfully kill, trap or injure wild birds in Scotland. This was established under the Wildlife and Countryside Act 1981 and restated in the Wildlife and Natural Environment (Scotland) Act 2011.

Perhaps more significantly, the 2011 act introduced the concept of vicarious criminal liability, meaning that, in certain circumstances, landowners can be held responsible for the actions of employees, agents, contractors or tenants who commit a relevant offence. Relevant...