Humane dispatch is it legal?

[Hunter1973]

Travelling out of small Scottish town this week for work at last light. The car two in front of me stopped in a precarious place on the road. After a couple of minutes went to see what was wrong had she broken down. Any behind her car was a doe laying in the road kicking out, obviously not looking like it was going to get up and bound away, I went back to my vehicle, got a knife and told her to look away away while i put it out of its misery.
It was put in the hedge and off we all went. are there any technical legal ramifications for doing this?

 

[Stalker62]

None.

 

[willie_gunn]

Travelling out of small Scottish town this week for work at last light. The car two in front of me stopped in a precarious place on the road. After a couple of minutes went to see what was wrong had she broken down. Any behind her car was a doe laying in the road kicking out, obviously not looking like it was going to get up and bound away, I went back to my vehicle, got a knife and told her to look away away while i put it out of its misery.
It was put in the hedge and off we all went. are there any technical legal ramifications for doing this?

No, and well done for putting the poor deer out of its misery.

 

[finnbear270]

Local council highway dept are usually the people to remove & dispose large roadkill items.

 

[Len the dog]

What would the legal situation have been if the OP had put the carcass in the boot?

 

[Stalker62]

What would the legal situation have been if the OP had put the carcass in the boot?

The dead deer 'belongs' to whomever owns the land on which it is dead.

It is a (I hope) moot point, and one the 'authorities' would not give the time of day.

 

[willie_gunn]

What would the legal situation have been if the OP had put the carcass in the boot?

If he'd sought the permission of the landowner, fine, otherwise it would technically constitute theft.

 

[willie_gunn]

Local council highway dept are usually the people to remove & dispose large roadkill items.

Yes, in my local area I always report any HAD carcasses to Biffa. This despite the attendant PC on the last callout asking me if I was taking it back home to feed the dogs!

 

[finnbear270]

If he'd sought the permission of the landowner, fine, otherwise it would technically constitute theft.

That permission would probably have to to go to a committee.

 

[grandad of the woods]

I thought the road kill laws were that you can pick up road kill providing your not the car that hit it ? I would assume as this poor animal was a victim of a tragic accident the OP would of had ever right in taking it home ?

 

[Len the dog]

I’ve put a number of roadkill pheasants in the boot and was always of the belief that as long as I wasn’t the one to hit it then they were fair game (pun intended). Surely game is game, whether feather or fur?
Of course I am probably wrong but would welcome a more authoritative answer.

 

[willie_gunn]

I thought the road kill laws were that you can pick up road kill providing your not the car that hit it ? I would assume as this poor animal was a victim of a tragic accident the OP would of had ever right in taking it home ?

Under Section 4.4 of the Theft Act 1968, when an animal is killed on the roads it is "reduced into possession" and becomes the property of the landowner. To pick it up or otherwise remove it would therefore constitute theft.

"Wild creatures, tamed or untamed, shall be regarded as property; but a person cannot steal a wild creature not tamed nor ordinarily kept in captivity, or the carcase of any such creature, unless either it has been reduced into possession by or on behalf of another person and possession of it has not since been lost or abandoned, or another person is in course of reducing it into possession."

As has been said, it would have to be a pretty mean-spirited judge to convict someone of this. I wonder if it's ever happened??

The idea, by the way, was to prevent people specifically going out with the intent to knock down and kill wild animals. At least that's how I understand it to be.

 

[finnbear270]

I think that road kill rights are just a myth, if you find a dead animal in the road and you remove it for your personal gain, it is classed as theft under the theft act. It is also theft by finding as classed by the Larceny Act, 1916

 

[Jelen]

Yes, in my local area I always report any HAD carcasses to Biffa. This despite the attendant PC on the last callout asking me if I was taking it back home to feed the dogs!

Yes, local council disposal is who I call as well. As regards the police I used to live next door to a Game Dealers agent. He used to weigh deer carcases by hanging the scales off a tree next to his van. One day he asked for help with a deer. It was a Red stag and a police Sgt was there. Turned out the Sgt had attended the RTC and then brought the carcase for sale. I thought it was illegal to sell deer that had been killed in a car accident, but in the circumstances kept quiet. Naughty Bobby.
Did I aid and abet a crime?

 

[grandad of the woods]

Under Section 4.4 of the Theft Act 1968, when an animal is killed on the roads it is "reduced into possession" and becomes the property of the landowner. To pick it up or otherwise remove it would therefore constitute theft.

"Wild creatures, tamed or untamed, shall be regarded as property; but a person cannot steal a wild creature not tamed nor ordinarily kept in captivity, or the carcase of any such creature, unless either it has been reduced into possession by or on behalf of another person and possession of it has not since been lost or abandoned, or another person is in course of reducing it into possession."

As has been said, it would have to be a pretty mean-spirited judge to convict someone of this. I wonder if it's ever happened??

The idea, by the way, was to prevent people specifically going out with the intent to knock down and kill wild animals. At least that's how I understand it to be.

Well blow me,

 

[VSS]

I thought the road kill laws were that you can pick up road kill providing your not the car that hit it ? I would assume as this poor animal was a victim of a tragic accident the OP would of had ever right in taking it home ?

I’ve put a number of roadkill pheasants in the boot and was always of the belief that as long as I wasn’t the one to hit it then they were fair game (pun intended). Surely game is game, whether feather or fur?
Of course I am probably wrong but would welcome a more authoritative answer.

Nothing but an urban myth.
Belongs to whoever's land it lies on.
(I'm sure we've all done it though, without feeling the slightest pang of guilt!).

 

[Len the dog]

without feeling the slightest pang of guilt!

Always been most delicious.

 

[Dave_45]

My friend is a serving Constable of many years , he was part of a team that refreshed the knife laws/legislation ,he worked with plastic surgeons who dealt with wounds etc etc.

The long and short of it is , if the wrong cop saw you produce a blade on the roadside you could have been in bother.

I’m not actually sure a knife is a means of legal humane dispatch within Scotland.

They do however have lists of HD people in some areas.

It’s as clear as mud at times.

 

[Stalker62]

I’m not actually sure a knife is a means of legal humane dispatch within Scotland.

@Dave_45

It most certainly is.

This is 'lifted; from the Wild Deer Best Practice Guide for Scotland.


Other commonly used methods include:

• Drugs. This method can only be administered by qualified individuals such as vets. Those administering drugs are responsible for ensuring that carcasses do not enter the food chain and are disposed of safely.
• Captive Bolt. This is a specialist instrument generally used by trained slaughter person. For further information and guidance on the use of captive-bolts contact the Humane Slaughter Association.*
• Use of a Knife. Where no suitable alternative is available a knife may be used to dispatch an injured deer, but should only be considered if the operator is experienced in using this method.
• Under current law ensure you have “just cause” for carrying a knife in a public place (The Prevention of Crime Act 1953, The Criminal Justice Act 1988).
• Ensure the deer is safe to approach. Only proceed if satisfied that using a knife does not endanger the operator.
• Operators should be aware of the dangers of physically handling injured deer, particularly antlered male deer.
• Use a sharp knife with a fixed blade at least 5 inches (120mm) long.

 

[grandad of the woods]

Let's be honest when it comes to an animal on pain, any way of a quick death will be acceptable to put it out of its misery