Wildlife Management and Muirburn (Scotland) Bill: use of snares and powers of Scottish SPCA inspectors - consultation

Part 2 – Extension of power for the Scottish SPCA to investigate wildlife crimes

Overview

The Animal Health and Welfare (Scotland) Act 2006 ("the 2006 Act") provides for the welfare of animals controlled by man on a permanent or temporary basis. Section 49 of the 2006 Act includes provision for Scottish Ministers or Local Authorities to appoint inspectors.

The Scottish Ministers currently use these provisions to authorise Scottish SPCA staff as animal welfare inspectors so that, on completion of the relevant training, they can do the following:

• Without a warrant:
  • enter non-domestic premises, for the purpose of taking possession of a suffering animal, if the inspector believes immediate entry is appropriate in the interests of the animal;
  • enter non-domestic premises, to search for and seize any evidence (including animals) as evidence in relation to a "relevant offence," if they believe that any delay caused by seeking a warrant would frustrate the purpose of that search;
  • enter and inspect any non-domestic premises, for the purpose of ascertaining whether or not an offence under Part 2 of the 2006 Act has been committed.
• With a warrant:
  • enter any premises, for the purpose of taking possession of a suffering animal or destroying an animal (where appropriate);
  • enter any premises, to search for and seize any animal or other thing as evidence in relation to a "relevant offence" under Part 2 of the 2006 Act.

A "relevant offence" is one that relates to unnecessary suffering, mutilation, cruel operations, administration of poisons, animal fights, ensuring the welfare of animals that you are responsible for, abandonment and breaching a disqualification order.

Part 2 offences include all "relevant offences" and those relating to breaches of care notices or regulations (made in relation to the welfare, activities involving certain animals or the keeping of certain animals), sale of animals to children and the offering of animals as prizes.

This means that Scottish SPCA inspectors can use their powers of entry to any land or premises, including domestic premises with a warrant, only in a limited set of circumstances. They can gain entry to ascertain if a Part 2 offence has been committed, to take possession of animals if it is in the interest of the animal and to seize evidence of "relevant offences".

The Scottish SPCA has an administrative arrangement with the Crown Office and Procurator Fiscal Service to ensure that reports submitted to the Procurator Fiscal contain the appropriate information to enable effective prosecutions. The Scottish SPCA and other bodies with similar administrative arrangements, such as SEPA, are known as Specialist Reporting Agencies. The Scottish SPCA does not hold any legal power in relation to reporting to the Procurator Fiscal. All decisions relating to whether to prosecute or not in any case that is reported are taken solely by the Procurator Fiscal. There is no proposal to change this position in any way

Scottish SPCA Taskforce

It is widely accepted that wildlife crime is difficult to detect and investigate and that this leads to difficulties in mounting prosecutions and convicting those responsible. These crimes often occur in remote locations where there are few or no witnesses. When incidents are discovered, it is often impossible for police officers to attend the scene quickly and delays increase the likelihood of any evidence being destroyed – either deliberately or simply as a result of exposure.

During the passage of the Wildlife and Natural Environment (Scotland) Act 2010, the Scottish Parliament debated an extension of powers for the Scottish SPCA that would allow them to investigate a greater number of suspected wildlife crimes.

Amendments were tabled at both Stage 2 and Stage 3 of the Bill but were withdrawn. The Scottish Government made a commitment to seek views on the subject and in 2014 the Scottish Government consulted on proposals to extend the powers of Scottish SPCA inspectors to investigate wildlife crime.

The analysis of the consultation responses was published on 22 January 2015

At that time, the Scottish Government decided to take no further action. However, the question was raised again during the passage of the Animal and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 and the then Minister for the Environment and Land Reform committed to establishing an independent taskforce to undertake a review on whether the Scottish SPCA should be given specific powers should be given specific powers, through legislation, to allow them to investigate wildlife crime, including entering land without a warrant.

In June 2023 the Scottish Government published the Taskforce report, the taskforce recommended that further partnership working between the Scottish SPCA and Police Scotland should be taken forward.

The Scottish Government agreed with that recommendation, however having considered the report in detail, proposed that further limited powers for SSPCA inspectors should be provided.

Scottish Government proposals

Our proposal is to provide Scottish SPCA inspectors who are acting under their existing powers under the 2006 Act, as set out in above, with additional powers to search, examine and seize evidence in connection with the following offences:

Wildlife and Countryside Act 1981

• section 1 (protection of wild birds, etc),
• section 5 (prohibition of certain methods of killing or taking birds),
• section 6 (sale, etc. of wild birds),
• section 7 (registration of certain captive birds),
• section 8, (protection of captive birds),
• section 9 (protection of certain wild animals and prevention of poaching),
• section 10A (protection of wild hares),
• section 11 (prohibition of certain methods of taking wild animals),
• section 11G (prevention of poaching: wild hares, rabbits, etc),
• section 11 (sale, possession, etc. of wild hares, rabbits, etc),
• section 12A (requirements for use of traps),
• section 12F (authorisation from landowners etc. to use traps),
• section 15A (possession of pesticides)

Wildlife Management and Muirburn (Scotland) Bill 2023,

• Section 1 (offence of using a glue trap),
• Section 2 (offence of purchasing a glue trap).

The additional powers could only be exercised when an inspector is already responding to a case using their existing powers under the 2006 Act.

For example, as the law currently stands, a Scottish SPCA inspector who is responding to a case of a live animal caught in an illegally set trap, is not able to seize any other illegal traps in the immediate vicinity which don't contain live animals or search the area for evidence of other illegally set traps. Under our proposals, in these circumstances an inspector would have the power to seize the illegally set traps and search for evidence of other illegally set traps in the vicinity.

These powers would only be given to an inspector appointed by the Scottish Government under section 49(2)(a) of the Animal Health and Welfare (Scotland) Act 2006 and each inspector would be separately and individually authorised by the Scottish Government in connection with the new powers. The power conferred on a local authority under section 49(2) of the 2006 Act will be left unchanged.

All inspectors would be required to undertake specified training prior to being given authorisation to exercise the new powers. Authorisations could be withdrawn at the discretion of the Scottish Government.

Police Scotland will retain primacy over investigation of wildlife cases including offences under the 1981 Act and the Wildlife Management and Muirburn (Scotland) Bill 2023. In addition to the additional training requirements for Scottish SPCA inspectors, protocols will be established between the Scottish SPCA and Police Scotland, to ensure effective partnership working, and to clearly set out the role of the Scottish SPCA within the limit of these powers.

Under our proposals Scottish SPCA inspectors would not be given the powers to stop and search people or powers to arrest people suspected of committing a wildlife crime.