Win CENS ProFlex DX5 earplugs worth £1,149 – enter here
With several friends I run a small part-time keepered syndicate shoot, putting down around 500 poults. However, we have had at least 100 birds taken from the release pen in recent weeks and wonder if we have any remedy in law if the perpetrator is discovered?
Shooting legal advice
DAVID BARRINGTON BARNES
Assuming the poults have been taken by a person, not an animal, you are the victim of theft because while in any sort of pen, game birds are regarded in law as the property of their owner.
This means any other person taking them dishonestly and without permission commits the crime of theft and you should report the loss to the police.
If the suspect is caught, he should be prosecuted through the criminal court system and, on conviction, could be fined or imprisoned.
If the poults are killed or taken outside the pen, they are regarded in law as being wild and they cease to be the property of any person at this stage, though the exclusive right of killing and/or taking them remains with the owner or occupier of the shooting rights.
Any person killing and taking them away from outside the pen would be committing various offences of poaching and trespass.
Get the latest news delivered direct to your door
Discover the ultimate companion for field sports enthusiasts with Shooting Times & Country Magazine, the UK’s leading weekly publication that has been at the forefront of shooting culture since 1882. Subscribers gain access to expert tips, comprehensive gear reviews, seasonal advice and a vibrant community of like-minded shooters.
Save on shop price when you subscribe with weekly issues featuring in-depth articles on gundog training, exclusive member offers and access to the digital back issue library. A Shooting Times & Country subscription is more than a magazine, don’t just read about the countryside; immerse yourself in its most authoritative and engaging publication.