Shoot Sabateur Case

[Guest ESS]

The Case followed a serious Sabbing incident on a driven Shoot back in Nov 2006 during which 7 sabs were arrested. They were all charged with Aggravated Trespass.

 

 

 

Below is the summary of the OIC sent this morning, Ps Brown, this case may have far reaching consequences for Shoots/Angling events. The case will no doubt feature in the Shooting Press.

 

 

 

 

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From: Brown, David 383

Sent: 14 April 2008 15:21

To: Thomas, Duncan

Subject: Brindle court case

 

 

 

Duncan, as discussed brief overview of the result of the Brindle case:

 

 

 

The defence raised the issue that for the defendants to commit the offence of disrupting a 'lawful activity' under aggravated trespass legislation, then the shoot itself had to be perfectly lawful and they could not be committing any specific offences.The defence put forward that the shoot syndicate has five or more employees and therefore falls under Health and Safety at Work Act 1974 and Management of Health and Safety at Work regulations 1999. BASC itself defined employees as keepers, beaters, pickers, helpers, etc, anyone under the supervision and control of somebody else and not even necessarily being paid.

 

 

 

Under that legislation the activity must have a written health and safety policy and risk assessments in place at the time. The incident at Brindle was on 11 Nov 2006 and they did not have the documents in place on that date. The prosecution barrister took the case to legal arguement but it became clear that without the document in place, the shoot breached health and safety legislation, thereby committing an offence and making their activity unlawful. The offenders cannot in that situation commit the aggravated trespass offence and the case was dismissed.

 

 

 

BASC have pro formas for health and safety risk assessments and guidance for the formulation of a health and safety policy. It would appear that many other syndicates are in a similar situation and don’t have this in place. This could have wide ranging implications for future offences and the Shooting Community need to promote the fact that ALL syndicates need to get their houses in order, definately prior to next season.

 

 

 

As discussed can you distribute this info to your contacts and look at getting some publicity.

[gdunc 0]

Thanks for posting - sure is an eye opener!

 

Better ask the question next syndicate meeting i'm at

[dytkos 17,533]

Would that also apply to a foxhounds drag/trail meet? Do they need a similar policy?

[SNAP SHOT 194]

The Law is a bloody joke in this day and age.............people minding their own business and some scum cause havoc, and get away with it.

Also how can they be employed if they are not being paid............it's just silly, you would think this would come under free help,

rediculous,