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Thread: Poaching. What is it?

  1. #1

    Poaching. What is it?

    Can anyone enlighten me? On DSC1 we were told that nobody owns wild deer in the UK. Therefore how can they be poached, bearing in mind it is impossible to steal what nobody owns.....surely 'the offence' would be armed trespass or trespass on its own.

  2. #2

    ownership of deer

    I think it's like road kill. When it hits your car you can't sue anyone as it belonged to no one. However as soon as it hits the deck it is the landowners.
    Like if you shoot a beast on your "turf" and it runs onto your neighbours ground. It belongs to your neighbour and you have to ask them for it. That's how it understand it.

  3. #3
    No one owns the deer is correct! However they belong to the person who's land they are on at that moment in time.Should you shoot one and it runs on to a neighbours patch and then dies it belongs to him, should you remove it from his land then that is theft..


  4. #4
    Griff the way i see it is the deer belong to know one at all even if they are on your ground unless they are deliberately fenced in .
    The time the deer become yours is when it expires. I think i am right in saying that a man running a dog at deer will not get done for poaching unless his dog or he kills the deer. The words would then be in pursuit off .I am also led to believe you can walk deer on to your ground and then shoot them while this might not be a nice thing to do it is not against the law.
    poaching is steeling .

  5. #5
    I think you will find it is all to do with the "unlawful taking of game", so if you have the shooting rights over a piece of ground then you can lawfully take it, and although when alive the deer belongs to nobody, once it has been lawfully killed it is reduced into the possession of the person who took it. Now once it is in this state and belongs to somebody then it is capable of being stolen and subject to the Theft Act as opposed to the Poaching Act.

    There is of course the fine print to go over carefully because although you may lawfully kill it on your ground the deer, not realising it was dead, most awkwardly runs on to your neighbours ground before it realises and then lays down.

    So if it is unlawfully taken it is poaching, if it is lawfully taken but falls over off your ground it may or may not be theft. That is of course broadly speaking and as always open to correction.


  6. #6

    Poaching! It is illegal for ANY person on ANY land without the legal right or permission from the person having such right

    . To take or kill any deer:

    . To remove any deer carcass:

    . To wilfully kill or injure any deer other than shooting with a legal firearm.

    think Griff is correct without going into a long long debate! which I somehow have a feeling this one will 8) .
    If you was on my land and you nicked my deer without my permission , expect more than a slapped arse!!

    Regards Trapper

  7. #7
    Ahem! not my deer till I lawfully I kill them.

  8. #8
    Animal Health and Environmental Health laws clearly state that once an animal is dead then it is the "responsibility and property of the landowner upon which it lies".
    Therefore if you remove a carcass from neighbours land you are clearly committing an offence.
    There is also a grey area that if you have a paid for a deer stalking lease based upon a deer density then anyone who moves deer from your land is also committing an offence.this may be a civil matter but it is an offence.They are deliberately depriving you of your legal right to shoot deer based upon your lease.
    We are currently engaged in legal action for something very similar whereby someone has deprived us of our right to shoot deer and has affected our lease to such an extent that we are considerably out of pocket, The likes of FC and all the major forestry management partners are waiting for the ruling because they are also being adversley affected by what has happened to us..
    We were fortunate that becuase we run the deer stalking as a business we were insured through the FSB, otherwise we would not have been able to pursue this through the courts..
    If the ruling goes in our favour, and by all accounts they are supremely confident( but then who believes a lawyer)it will, it will have serious repercussions for anyone who interferes with any legal pursuit of game.
    The only downside to this is that we are in Scotland and may not apply in England..
    This has been an ongoing since Dec 07 so don't hold your breath just yet, the wheels within the legal profession turn very slowly unless its in their own interest..


  9. #9
    Will this mean that the FC wont be able to go in after you have left with a lamp and wipe out all your paid for stalking. Or is this something altogether different.

  10. #10


    I think that will be determined by the small print of the lease agreement.


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