Wildlife Crime

• Published date: 24 February 2023
• Subject Matter: Criminal Law, Crime
• Law Firm: Shepherd and Wedderburn LLP
• Author: Mr Jamie Yule and Harry Oliff

In this article, Jamie Yule discusses the recently approved Hunting with Dogs (Scotland) Bill which will soon replace The Protection of Wild Mammals (Scotland) Act 2002. While further limits on fox-hunting will not come as a shock to many, landowners may be surprised at the fairly strict requirements contained in the Bill to ensure that illegal hunting is not taking place on their land.

Hunting with Dogs

The Protection of Wild Mammals (Scotland) Act 2002 sought to prohibit deliberate hunting of wild mammals, primarily foxes, with dogs. Nearly 20 years after its introduction, the Act will soon be replaced by the Hunting with Dogs (Scotland) Bill, approved by the Scottish Parliament on 24 January 2023 and expected to formally become law in the following months.

The 2002 Act outlawed the hunting of mammals with dogs, other than in very limited circumstances. Offences were introduced in the 2002 Act for hunts outside of those circumstances, not only for those participating in the hunt itself, but also for landowners permitting any illegal hunts to take place on their land.

The Bill, once formally approved, will maintain these offences, but will further limit the circumstances in which fox-hunting is allowed. Hunting with dogs will now only be allowed for preventing serious damage to livestock, woodland or crops, preventing the spread of disease, or protecting human health. Any hunt taking place for one of the permitted purposes may only be undertaken using a maximum of two dogs. Those needing to hunt with more than two dogs must apply for a licence to do so, with licences only to be granted in very specific circumstances.

While further limits on fox-hunting will not come as a shock to many, landowners may be surprised at the fairly strict requirements contained in the Bill to ensure that illegal hunting is not taking place on their land.

Vicarious liability

Landowners should continue to ensure that they understand their obligations towards protection of wildlife. There are two specific pieces of legislation that are worth considering.

The Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 came into force on 21 July 2020. It increased the sentences for the most serious wildlife crimes, such as those involving the injuring or the unlicensed killing or taking of wild birds, to five years' imprisonment and/or an unlimited fine. For certain lesser offences, such as keeping unregistered and unmarked wild birds, or keeping birds in cages of...