the law, have they got me?

[3 Turns 326]

alright pal .

why did they get stopped.

blasting lamps looking for goodies thsts why

That's the point; it'll get laughed out as there is no evidence (that's assuming that shining a lamp into a field from a stationary car is against the law)!

 

JACKI IF THEYVE GOT RABBITS.LAMPS ,DOGS AND GET STOPPED LAMPING NON PERMISH THEYRE FECKED.

JUDGE,LL BELEIVE PLOD 100PCNT.

[flinn 47]

Power to constables to search persons, without warrant, in certain cases. Proceedings in case of game, &c. being found.

It shall be lawful for any constable or peace officer in any county, borough, or place in Great Britain and Ireland, in any highway, street, or public place, to search any person whom he may have good cause to suspect of coming from any land where he shall have been unlawfully in search or pursuit of game, or any person aiding or abetting such person, and having in his possession any game unlawfully obtained, or any gun, part of gun, [F1or nets or engines used for the killing or taking game], and also to stop and search any cart or other conveyance in or upon which such constable or peace officer shall have good cause to suspect that any such game or any such article or thing is being carried by any such person, and should there be found any game or any such article or thing as aforesaid upon such person, cart, or other conveyance, to seize and detain such game, article, or thing; and such constable or peace officer shall in such case apply to some justice of the peace for a summons citing such person to appear before two justices of the peace assembled in petty sessions, as provided in the M1Criminal Justice Act, 1855, section nine, as far as regards England and Ireland, and before a sheriff . . .F2 in Scotland; and if such person shall have obtained such game by unlawfully going on any land in search or pursuit of game, or shall have used any such article or thing as aforesaid for unlawfully killing or taking game, or shall have been accessory thereto, such person shall, on being convicted thereof, forfeit and pay any sum not exceeding [F3level 3 on the standard scale], [F4and shall forfeit such game, guns, parts of guns, nets, and engines; and the justices shall direct the same to be sold or destroyed, and the proceeds of such sale, with the amount of the penalty, to be paid to the treasurer of the county or borough where the conviction takes place; and no person who, by direction of a justice in writing, shall sell any game so seized shall be liable to any penalty for such sale; and if no conviction takes place, the game or any such article or thing as aforesaid, or the value thereof, shall be restored to the person from whom it had been seized.

 

 

They have to prove you were on the land in question if they cant then it will be thrown out of court.

 

[Sub-Moa 2]

I dont know anything about Uk law

 

But here in Ireland its illegal to dazzle (shine a lamp) on any animal except rabbits and foxs ( unless a section 42 for deer) and at that it cannot be done from a vehicle (moving or not) easpecially when on a public road.

 

Over here if you drive and shine (from a public road) a lamp you can be done for it regardless if you have the permission for the land or not

[chimp 299]

your going down and after 20 years its the ...

 

 

 

 

they have nothing , get a good brief clued up on the law and tell em to do one

[jacksbignose 8]

JACKI IF THEYVE GOT RABBITS.LAMPS ,DOGS AND GET STOPPED LAMPING NON PERMISH THEYRE FECKED.

I hear you mate but the facts as stated by the OP are that they didn't have rabbits and they weren't stopped on non-permission! It's been stated that they were stopped whilst in their car moving 'after' having stopped to shine the lamp around a field... now even if they were stationary outside of the car shining their lamp they could claim a multitude of reasons for doing so (especially as there dogs would have been in the car) but it seems this wasn't the case. Obviously there are two sides to a story and we are hearing one side though it does seem the details are sketchy but based on the info given a brief should take one look and laugh at it and laugh it out of court.

[sussexpoacher 45]

There is an article in sporting shooter about the NGO training rural police and they mention shining a lamp from a road as it comes under some old law about missusing the highway.

[Cold Ethyl 63]

No one knows what he told or said to them either or if infact thats the full story

[J Darcy 5,871]

Tragically, it all may revolve around whether the Man of the Law tells the truth or not.....

[scent 509]

i heard he got life with no chance of parole because his dogs were shit

[The one 8,398]

Are you sure you didn't hear somebody shouting for help in the field so you tried to see what was happening with your lamp and you told the police that ??.

[webby 31]

You were heading back from permission so you cant be done for going equipped,

You were stopped leaving Altcar and were not caught red handed with the dog in persuit so you cannot be done for poaching.

Did u say to the copper the motor was moving or stopped when you were shining the lamp over the land ? He will have written this in his little black book of death.

 

Say in court that you only have rabbiting dogs and you dont believe that they could catch a hare so you wouldnt even try especially not there as you didnt have permission and more so the fact that it would be illegal to set your dogs on a hare and you abide by the law of our country. This is called making your defence of you character to show you are not guilty, just be very very careful with your wording.

A fact of your defence should be that you were wanting to see the vast number of hares and to show the kid as he has only seen rabbits before

 

Hope this helps in some way

[bradaz2009 9]

Good point about showing the young en that you were showing him what not to lamp in future so he dint fall foul of the law himself you didn't know it was altcar either

[Guest dances]

but were you heading on a road that is part of the route from permission to home? if it isnt you havent got much chance because you need to have a reason for being equiped where you were found.

[highdanzil 0]

i said in court the other day that we were on our way back and was just browsing the fields, looking at the fields. I said id heard rumours about the gamekeepers not being very nice `rob the nob` and to endanger a young child in any such action would be irresponsible. If i get the judge that i had the other day, in my trial, i reckon he seemed to see what was goin on.