Wildlife crime in Scotland: 2015 annual report
The fourth wildlife crime annual report, this highlights new data from the financial year 2014 to 2015.
Appendix 4 - Court Proceedings and Penalties Data by Specific Offence
Table A: People proceeded against in Scottish Courts for wildlife offences, where main charge
Crime group and legislation |
Section of act |
Description of offence |
2010-11 |
2011-12 |
2012-13 |
2013-14 |
2014-15 |
---|---|---|---|---|---|---|---|
Total proceeded against |
53 |
71 |
77 |
80 |
51 |
||
Badgers: |
3 |
2 |
- |
- |
2 |
||
PROTECTION OF BADGERS ACT 1992 |
3(1)(A) |
Damaging a badger sett |
2 |
- |
- |
- |
- |
3(1)(B) |
Destroying a badger sett |
1 |
- |
- |
- |
- |
|
3(1)(E) |
Disturbing a badger in a sett |
- |
1 |
- |
- |
- |
|
11A(1) |
Attempt to commit offence under this Act |
- |
1 |
- |
- |
2 |
|
Birds: |
6 |
15 |
19 |
10 |
8 |
||
WILDLIFE & COUNTRYSIDE ACT 1981 |
1(1)(A) |
Intentionally, recklessly: kills, injures, takes wild bird |
4 |
5 |
14 |
7 |
5 |
1(1)(C) |
Intentionally, recklessly: takes, destroys egg of any wild bird |
- |
3 |
1 |
- |
- |
|
1(2)(A) |
Possession: live, dead wild bird or part of |
- |
2 |
- |
1 |
1 |
|
1(2)(B) |
Possession: wild bird's egg or part of |
- |
1 |
- |
1 |
- |
|
1(5)(A) |
Intentionally, recklessly: disturbs nesting Schedule 1 wild bird |
- |
2 |
2 |
1 |
- |
|
1(5C) |
Knowingly cause, permit offence under foregoing |
- |
1 |
1 |
- |
- |
|
5(1)(A) |
Prohibition of certain methods of killing/taking wild birds: sets particular articles or poisonous substance |
2 |
- |
- |
- |
- |
|
5(1)(B) |
Prohibition of certain methods of killing/taking wild birds: use of such articles; nets, board, lime etc |
- |
1 |
1 |
- |
2 |
|
Cruelty to wild animals: |
2 |
4 |
9 |
4 |
3 |
||
WILD MAMMALS (PROTECTION) ACT 1996 |
1 |
Mutilates, beats, stabs, impales etc any wild mammal with intent to inflict unnecessary suffering |
- |
1 |
- |
- |
- |
WILDLIFE AND COUNTRYSIDE ACT 1981 |
10A(1) |
Intentionally, recklessly: kills, injures, takes Schedule 5A wild animal (i.e. hare) during close season |
- |
- |
- |
- |
1 |
11(1)(A) |
Sets or uses a self-locking snare or snare of any other type specified in an order made by Scottish Ministers |
- |
- |
- |
1 |
- |
|
11(1)(AA) |
Sets or uses any other type of snare of a nature or placement calculated to cause unnecessary suffering |
1 |
1 |
- |
3 |
1 |
|
11(2)(A) |
Sets articles likely to injure Schedule 6 wild animal |
- |
- |
- |
- |
1 |
|
11(3) & (3B)(A) |
Failure to inspect snare at intervals of no more than 24 hours (or causing or permitting this to happen) |
1 |
- |
- |
- |
- |
|
11(G)(1) |
Prevention: poaching (hares and rabbits) |
- |
2 |
9 |
- |
- |
|
Deer: |
3 |
8 |
3 |
5 |
2 |
||
DEER (SCOTLAND) ACT 1996 |
5(1),5(5) & SCHEDULE 6 |
Taking etc deer in close season |
1 |
3 |
1 |
- |
- |
17(1) |
Take/kill deer without right on any land |
1 |
1 |
- |
3 |
- |
|
17(2) |
Take/kill deer without right on any land and remove carcass |
- |
1 |
- |
- |
- |
|
17(3) |
Kill/injure deer other than by shooting |
- |
2 |
- |
1 |
- |
|
18(1) |
Kill/injure deer at night |
- |
1 |
- |
- |
- |
|
22 |
Two or more persons partaking in offences (17-21 of this Act) shall all be guilty of an offence |
- |
- |
2 |
1 |
2 |
|
23(1) |
Possession of deer, firearms, ammunition connected to relevant offence |
1 |
- |
- |
- |
- |
|
Hunting with dogs: |
9 |
5 |
11 |
9 |
3 |
||
PROTECTION OF WILD MAMMALS (SCOTLAND) ACT 2002 |
1(1) |
Deliberately hunting wild mammal with a dog |
9 |
5 |
11 |
9 |
3 |
Poaching and game laws: |
8 |
8 |
1 |
- |
- |
||
GAME (SCOTLAND) ACT 1772 |
1 |
Taking/killing/selling/possessing/buying game birds out of season |
- |
2 |
- |
- |
- |
GAME (SCOTLAND) ACT 1832 |
1 |
Trespassing on land during daytime in pursuit of game (and disguised for this purpose) |
2 |
3 |
- |
- |
- |
NIGHT POACHING ACT 1828 |
1 |
Unlawfully taking game or rabbits at night on any land, or entering land with a gun or other instrument for this purpose |
2 |
3 |
1 |
- |
- |
9 |
Three or more people unlawfully entering land at night armed with weapon to take game or rabbits are all guilty of offence |
3 |
- |
- |
- |
- |
|
POACHING PREVENTION ACT 1862 |
2 |
Possession of unlawfully taken game |
1 |
- |
- |
- |
- |
Fish poaching: |
22 |
18 |
23 |
43 |
19 |
||
FRESHWATER & SALMON FISHERIES (SCOTLAND) ACT 1976 |
1(8) |
Contravening prohibition contained in Order (for protection of freshwater fishing) |
- |
- |
- |
1 |
- |
SALMON & FRESHWATER FISHERIES ACT 1975 |
27(A) |
Fishing or taking fish by unapproved/unlicensed means |
1 |
- |
- |
- |
- |
SALMON AND FRESHWATER FISHERIES (CONSOLIDATION) (SCOTLAND) ACT 2003 |
1(1)(A)&(B) |
Fishing for salmon by unspecified methods in any inland waters |
3 |
1 |
3 |
- |
1 |
1(1)(A)(B)&(3) |
Attempting or preparing to commit offence under Section 1(1) of this Act |
- |
- |
- |
- |
1 |
|
1(2)(A)(B)(C) |
Fishing for salmon by unspecified methods in other salmon fishery district |
- |
- |
- |
- |
1 |
|
1(2)(A,B,C)&(3) |
Attempting or preparing to commit offence under Section 1(2) of this Act |
- |
1 |
- |
- |
- |
|
2(1)&(2) |
Fishing (inc attempting) for freshwater fish other than by rod or line (unless otherwise permitted) |
4 |
2 |
- |
- |
- |
|
6(1)&(2) |
Fishing (inc attempting) for salmon without right |
4 |
5 |
5 |
15 |
3 |
|
7 |
Illegal fishing - two or more persons acting together |
- |
1 |
4 |
2 |
- |
|
9(1)&(2) |
Illegal possession salmon or trout, or other instrument, poison, explosive etc for purpose of committing related offence |
1 |
1 |
2 |
2 |
6 |
|
11(1) |
Fishing without right or permission in water (proper stank or loch) where rights owned by another |
6 |
- |
1 |
12 |
4 |
|
13(2)&(4) |
Fishing for or taking salmon during Sunday |
- |
- |
2 |
2 |
- |
|
13(3)&(4) |
Fishing for or taking salmon during weekly close time |
- |
1 |
- |
- |
2 |
|
14(1) |
Fishing for or taking salmon during annual close time |
- |
- |
- |
1 |
- |
|
17(2)(A) |
Fishing for or taking trout during close season |
2 |
- |
- |
- |
- |
|
18(1)(A) |
Wilfully taking unclean or unseasonable salmon |
- |
- |
- |
2 |
- |
|
20 |
Possessing salmon which have been illegally taken, killed or landed |
1 |
1 |
- |
1 |
- |
|
26(1) |
Fishing without right; Solway |
- |
2 |
- |
3 |
- |
|
58 |
Obstruction of constable or water bailiff |
- |
2 |
- |
- |
1 |
|
SALMON AND FRESHWATER FISHERIES (PROTECTION)(SCOTLAND) ACT 1951 |
1 |
Fishes for or takes salmon without legal right or written permission |
- |
- |
2 |
- |
- |
7A(1)(B) |
Possessing salmon which have been illegally taken, killed or landed |
- |
- |
2 |
- |
- |
|
13(1) |
Fishing for or taking salmon during Sunday |
- |
- |
- |
1 |
- |
|
SCOTLAND ACT 1998 RIVER TWEED |
A30(1) |
Illegal possession of salmon or trout (or certain items which could be used to take salmon or trout) |
- |
1 |
- |
- |
- |
2006 |
Various fishing offences |
- |
- |
- |
1 |
- |
|
THE FISH CONSERVATION (FISHING FOR EELS)(SCOTLAND) REGULATIONS 2008 |
2 |
Fishing for or taking eels without licence |
- |
- |
2 |
- |
- |
Conservation (protected sites): |
- |
1 |
- |
- |
- |
||
NATURE CONSERVATION (SCOTLAND) ACT 2004 |
19(3) |
Failure to comply with 13(1) or 16(1) 14(5)(b) or 17(3)(b) (operations by public bodies or owners etc) |
- |
1 |
- |
- |
- |
Other wildlife offences: |
- |
10 |
11 |
9 |
14 |
||
THE CONSERVATION (NATURAL HABITATS, &C.) REGULATIONS 1994 |
39(1)(A) |
Deliberately kill or take European protected species |
- |
- |
1 |
- |
- |
39(1)(A/B/C/D) |
Deliberately kill, take, disturb, destroy European protected species |
- |
- |
1 |
- |
1 |
|
41(2) |
Prohibition of certain methods of killing wild animals |
- |
- |
2 |
2 |
- |
|
THE CONTROL OF TRADE IN ENDANGERED SPECIES (ENFORCEMENT) REGS 1997 |
8(1) |
Purchase, sale of etc. any specimen of species in Annex A |
- |
3 |
1 |
- |
1 |
WILDLIFE AND COUNTRYSIDE ACT 1981 |
15(A) |
Possession of pesticides |
- |
2 |
1 |
- |
- |
18(1) |
Attempts to commit any wildlife offence under Part 1 of the Act |
- |
4 |
3 |
7 |
3 |
|
18(2) |
Possession of anything capable of being used for wildlife offences under this part of the Act |
- |
1 |
2 |
- |
8 |
|
18A(1)&(2) |
Vicarious liability for offence(s) committed by employee or agent |
- |
- |
- |
- |
1 |
Source: Scottish Government Criminal Proceedings Database
Table B: People with a charge proved in Scottish Courts for wildlife offences, where main charge, by main penalty
Crime group and legislation |
Section of act |
Main penalty |
2010-11 |
2011-12 |
2012-13 |
2013-14 |
2014-15 |
---|---|---|---|---|---|---|---|
Total convictions |
37 |
48 |
56 |
60 |
35 |
||
Badgers: |
3 |
1 |
- |
- |
2 |
||
PROTECTION OF BADGERS ACT 1992 |
3(1)(A) |
Monetary |
2 |
- |
- |
- |
- |
3(1)(B) |
Monetary |
1 |
- |
- |
- |
- |
|
11A(1) |
Community sentence |
- |
- |
- |
- |
2 |
|
Monetary |
- |
1 |
- |
- |
- |
||
Birds: |
4 |
12 |
16 |
7 |
6 |
||
WILDLIFE & COUNTRYSIDE ACT 1981 |
1(1)(A) |
Custody |
- |
1 |
- |
- |
- |
Community sentence |
- |
1 |
3 |
1 |
- |
||
Monetary |
2 |
2 |
8 |
4 |
3 |
||
Other |
1 |
- |
1 |
- |
- |
||
1(1)(C) |
Custody |
- |
- |
1 |
- |
- |
|
Monetary |
- |
3 |
- |
- |
- |
||
1(2)(A) |
Monetary |
- |
2 |
- |
- |
1 |
|
1(2)(B) |
Community sentence |
- |
- |
- |
1 |
- |
|
1(5)(A) |
Monetary |
- |
2 |
- |
- |
- |
|
Other |
- |
- |
2 |
1 |
- |
||
1(5C) |
Monetary |
- |
1 |
- |
- |
- |
|
5(1)(A) |
Monetary |
1 |
- |
- |
- |
- |
|
5(1)(B) |
Custody |
- |
- |
- |
- |
1 |
|
Monetary |
- |
- |
1 |
- |
- |
||
Other |
- |
- |
- |
- |
1 |
||
Cruelty to wild animals: |
2 |
3 |
7 |
2 |
2 |
||
WILD MAMMALS (PROTECTION) ACT 1996 |
1 |
Monetary |
- |
1 |
- |
- |
- |
WILDLIFE AND COUNTRYSIDE ACT 1981 |
10A(1) |
Monetary |
- |
- |
- |
- |
1 |
11(1)(AA) |
Community sentence |
- |
- |
- |
1 |
- |
|
Monetary |
1 |
- |
- |
1 |
- |
||
11(2)(A) |
Monetary |
- |
- |
- |
- |
1 |
|
11(3) & (3B)(A) |
Monetary |
1 |
- |
- |
- |
- |
|
11(G)(1) |
Community sentence |
- |
- |
1 |
- |
- |
|
Monetary |
- |
2 |
4 |
- |
- |
||
Other |
- |
- |
2 |
- |
- |
||
Deer: |
3 |
5 |
1 |
4 |
1 |
||
DEER (SCOTLAND) ACT 1996 |
5(1),5(5) & SCHEDULE 6 |
Monetary |
1 |
- |
1 |
- |
- |
17(1) |
Monetary |
1 |
- |
- |
3 |
- |
|
Other |
- |
1 |
- |
- |
- |
||
17(2) |
Monetary |
- |
1 |
- |
- |
- |
|
17(3) |
Community sentence |
- |
2 |
- |
1 |
- |
|
18(1) |
Monetary |
- |
1 |
- |
- |
- |
|
22 |
Monetary |
- |
- |
- |
- |
1 |
|
23(1) |
Monetary |
1 |
- |
- |
- |
- |
|
Hunting with dogs: |
3 |
- |
7 |
5 |
2 |
||
PROTECTION OF WILD MAMMALS (SCOTLAND) ACT 2002 |
1(1) |
Custody |
- |
- |
- |
1 |
- |
Community sentence |
- |
- |
2 |
- |
- |
||
Monetary |
3 |
- |
2 |
4 |
2 |
||
Other |
- |
- |
3 |
- |
- |
||
Poaching and game laws: |
4 |
5 |
1 |
- |
- |
||
GAME (SCOTLAND) ACT 1832 |
1 |
Monetary |
2 |
2 |
- |
- |
- |
NIGHT POACHING ACT 1828 |
1 |
Monetary |
- |
1 |
- |
- |
- |
Other |
1 |
2 |
1 |
- |
- |
||
POACHING PREVENTION ACT 1862 |
2 |
Monetary |
1 |
- |
- |
- |
- |
Fish poaching: |
18 |
12 |
16 |
37 |
11 |
||
FRESHWATER & SALMON FISHERIES (SCOTLAND) ACT 1976 |
1(8) |
Monetary |
- |
- |
- |
1 |
- |
SALMON & FRESHWATER FISHERIES ACT 1975 |
27(A) |
Other |
1 |
- |
- |
- |
- |
SALMON AND FRESHWATER FISHERIES (CONSOLIDATION) (SCOTLAND) ACT 2003 |
1(1)(A)(B)&(3) |
Monetary |
- |
- |
- |
- |
1 |
1(1)(A)&(B) |
Monetary |
1 |
- |
3 |
- |
1 |
|
1(2)(A,B,C)&(3) |
Monetary |
- |
1 |
- |
- |
- |
|
2(1)&(2) |
Monetary |
4 |
1 |
- |
- |
- |
|
6(1)&(2) |
Community sentence |
- |
- |
1 |
- |
- |
|
Monetary |
3 |
3 |
3 |
11 |
2 |
||
Other |
- |
- |
- |
2 |
- |
||
7 |
Community sentence |
- |
- |
1 |
- |
- |
|
Monetary |
- |
1 |
2 |
1 |
- |
||
9(1)&(2) |
Monetary |
1 |
1 |
1 |
1 |
4 |
|
Other |
- |
- |
1 |
- |
2 |
||
11(1) |
Monetary |
6 |
- |
- |
6 |
- |
|
Other |
- |
- |
- |
6 |
- |
||
13(2)&(4) |
Monetary |
- |
- |
1 |
2 |
- |
|
13(3)&(4) |
Monetary |
- |
1 |
- |
- |
- |
|
14(1) |
Other |
- |
- |
- |
1 |
- |
|
17(2)(A) |
Other |
1 |
- |
- |
- |
- |
|
18(1)(A) |
Monetary |
- |
- |
- |
1 |
- |
|
Other |
- |
- |
- |
1 |
- |
||
20 |
Monetary |
1 |
1 |
- |
- |
- |
|
26(1) |
Monetary |
- |
2 |
- |
2 |
- |
|
58 |
Monetary |
- |
1 |
- |
- |
1 |
|
SALMON AND FRESHWATER FISHERIES (PROTECTION)(SCOTLAND) ACT 1951 |
7A(1)(B) |
Monetary |
- |
- |
2 |
- |
- |
13(1) |
Monetary |
- |
- |
- |
1 |
- |
|
SCOTLAND ACT 1998 (RIVER TWEED) |
ORDER 2006 |
Monetary |
- |
- |
- |
1 |
- |
THE FISH CONSERVATION (FISHING FOR EELS)(SCOTLAND) REGULATIONS 2008 |
REG 2 |
Other |
- |
- |
1 |
- |
- |
Conservation (protected sites): |
- |
1 |
- |
- |
- |
||
NATURE CONSERVATION (SCOTLAND) ACT 2004 |
19(3) |
Monetary |
- |
1 |
- |
- |
- |
Other wildlife offences: |
- |
9 |
8 |
5 |
11 |
||
THE CONSERVATION (NATURAL HABITATS, &C.) REGULATIONS 1994 |
39(1)(A) |
Monetary |
- |
- |
1 |
- |
- |
39(1)(A/B/C/D) |
Monetary |
- |
- |
- |
- |
1 |
|
Other |
- |
- |
1 |
- |
- |
||
41(2) |
Monetary |
- |
- |
- |
1 |
- |
|
THE CONTROL OF TRADE IN ENDANGERED SPECIES (ENFORCEMENT) REGS 1997 |
8(1) |
Community sentence |
- |
1 |
- |
- |
- |
Monetary |
- |
1 |
- |
- |
1 |
||
WILDLIFE AND COUNTRYSIDE ACT 1981 |
15(A) |
Monetary |
- |
2 |
1 |
- |
- |
18(1) |
Community sentence |
- |
3 |
- |
- |
- |
|
Monetary |
- |
1 |
1 |
3 |
3 |
||
Other |
- |
- |
2 |
1 |
- |
||
18(2) |
Monetary |
- |
1 |
2 |
- |
4 |
|
Other |
- |
- |
- |
- |
1 |
||
18A(1)&(2) |
Monetary |
- |
- |
- |
- |
1 |
Source: Scottish Government Criminal Proceedings Database
Contact
There is a problem
Thanks for your feedback