Law Commission is now going to review Wildlife Laws that will impact on all people who keep birds of prey

[DEREK CANNING LLB[HONS] 20]

http://www.justice.gov.uk/lawcommission/index.htm'>http://www.justice.gov.uk/lawcommission/index.htm

 

The Law Commission is now going to review Wildlife Laws that will impact on all people who keep birds of prey. For a year you will have the potential opportunity to express your views, for example the reversed burden of proof after that the changes will be set in stone.

• Law Commission

• Contact us

Contact us

General enquiries

Phone: 020 3334 0200

Email: Enquiries

enquiries@lawcommission.gsi.gov.uk

Fax: 020 3334 0201

Address: Law Commission

Steel House

11 Tothill Street

London SW1H 9LJ

 

http://www.justice.gov.uk/lawcommission/index.htm

[DEREK CANNING LLB[HONS] 20]

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http://www.justice.gov.uk/lawcommission/index.htm'>http://www.justice.gov.uk/lawcommission/index.htm

 

The Law Commission is now going to review Wildlife Laws that will impact on all people who keep birds of prey. For a year you will have the potential opportunity to express your views, for example the reversed burden of proof after that the changes will be set in stone.

• Law Commission

• Contact us

Contact us

General enquiries

Phone: 020 3334 0200

Email: Enquiries

enquiries@lawcommission.gsi.gov.uk

Fax: 020 3334 0201

Address: Law Commission

Steel House

11 Tothill Street

London SW1H 9LJ

 

http://www.justice.gov.uk/lawcommission/index.htm

This could be the biggest changes to the laws that we must follow since the Wildlife and Countryside Ac 1982.

[DEREK CANNING LLB[HONS] 20]

Gary you are right to say given DNA and modern investigation methods once it is proven a bird is captive bred that should be the end of the situation as the reason for paper work is to stop people dealing in illegal bird. However this is all wrapped up in the overriding out of date reversed burden of proof. The big picture is for a root branch updating of the laws that relate to wildlife laws that are so complex solicitors, Defra and so on struggle understand where people stand.

 

If an ANNEX A species is captive bred it automatically is treated as an ANNEX B species in court.

 

For example Gary I asked JNCC a question on the law and they got it wrong I believe. This just one example to show even the expert can get it wrong.

 

 

Granville

 

According to Mrs Dalton of the JNCC there has been no change, are you saying that she must be unaware of the change in legislation?

 

Regards

 

 

 

 

-----Original Message-----

From: Wendy Dalton <Wendy.Dalton@jncc.gov.uk>

To: derekcanning@aol.com

Sent: Fri, 22 Jul 2011 14:54

Subject: WLCA Schedule 1 enquiry

 

Dear Mr Canning

 

Thank you for your email dated 20 July 2011. In answer to your question the legislation states:

 

 

•It is an offence to intentionally take, damage, or destroy the nest of any wild bird while that nest is in use or is being built (Section 1.1.b W&C Act)

•Special penalties apply to the disturbance of any species of bird listed in Schedule 1 (which includes Peregrine) while it is building a nest or is in, on or near a nest containing eggs or young (Section1.5 W&C Act)

 

The definitive text is at http://www.legislation.gov.uk/ukpga/1981/69/section/1

 

We are not aware there has been any recent change to the above legislation.

 

With kind regards

 

Yours sincerely

 

 

Mrs Wendy Dalton

Corporate Governance Officer

JNCC

Monkstone House

City Road

Peterborough

PE1 1JY

 

Tel: 01733 866884

E-mail: wendy.dalton@jncc.gov.uk

 

 please consider the environment - do you really need to print this email?

 

 

_____________________________________________________________________

The Joint Nature Conservation Committee (JNCC) is the statutory adviser to Government on UK and international nature conservation, on behalf of the Council for Nature Conservation and the Countryside, the Countryside Council for Wales, Natural England and Scottish Natural Heritage. Its work contributes to maintaining and enriching biological diversity, conserving geological features and sustaining natural systems.

 

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The special penalty provision was repealed by the Countryside and Rights of Way Act 2000 except for offences committed prior to 30th January 2001 concerning Schedule 1 birds. The reason for this was that all other penalties were increased to the schedule 1 level. This was in schedule 16.

 

There were amendments to WCA under schedule 12 which introduced a new S. 7 (3A) offence that connected to schedule 1, but that concerns the requirement to register if keeping schedule 4 birds and concerns prohibition to be able to be so registered having been previously convicted.

 

If she is not aware of this then I am surprised given that it happened 11 years ago.

The reasoning behind special penalty was that at that time those birds in that schedule were considered to be at greater risk. Factually that was inaccurate for some that were on the schedule and others that arguably should have been there. Legally the fact was that all birds were protected it was just that some meant conviction could produce a higher penalty. Given that this was merely a reflection of thinking 30 years ago shows the idiocy of translating this it some kind of meaning for todays purposes eg. “these are endangered species”. The schedules are there for legislative purposes and little if anything to do with the degree or otherwise of endangerment. Why schedule 1 remains appears to be because to remove it would require primary legislation so they keep it, but its only significance was when there the provision for the special penalty and the “fiction”, from a legal viewpoint, of the fact that these were particularly endangered.

 

Nothing in the legislation ever made any comment about degrees or otherwise of endangerment.

 

Just shows the quality of the advice that government gets!!!!!

GR

[j j m 6,483]

it had to happen some time

[DEREK CANNING LLB[HONS] 20]

it had to happen some time

What did?

[DEREK CANNING LLB[HONS] 20]

Not much of a response.