Deer fence with deer within England query

[Apthorpe]

I believe it would still classify as enclosed.

Fully agree.
Enclosed means it has been fenced - as opposed to being open mountain or moor. It does not require it to be as secure as the Berlin Wall. It might not even require any of the fence to still be present.

 

[GNU]

Fully agree.
Enclosed means it has been fenced - as opposed to being open mountain or moor. It does not require it to be as secure as the Berlin Wall. It might not even require any of the fence to still be present.

Thank you

 

[Siggy]

There is nothing in section 7 that implies that it has to be commercial woodland.
Read it for yourself. I posted a link a few posts back.
The key thing is that the woodland is enclosed.

I concede that quoting John Thornham et al it appears to be in favour of your stance but
Timber is wood prepared for carpentry so if it is not going to be harvested you fail to meet the requirements of section 7.3.a.
So you will have to rely on the “other property” so you would have to argue that the damage done by the deer is serious which may be difficult to prove.
Also you have to prove your actions (ie culling ) are necessary (section 7.3.c) therefore fixing a porous deer fence might be argued by the prosecution to be a more reasonable course alternative.

 

[Jon P]

Hypothetical question-
If the land owner gives the stalker written consent under section 7. But the land does not really meet the criteria or the stalker is knocking all deer irrelevant if it is them causing the damage. Is the landowner as liable as the stalker for any breaches in the exceptions.

 

[VSS]

Hypothetical question-
If the land owner gives the stalker written consent under section 7. But the land does not really meet the criteria or the stalker is knocking all deer irrelevant if it is them causing the damage. Is the landowner as liable as the stalker for any breaches in the exceptions.

I don't know, but I doubt it.
There's only one person who decides whether a shot is on or not, and that's the guy with the rifle.

 

[Heym SR20]

I think the only way any one should deal with shooting out of season deer or vermin, birds on the open general licences, is to read and understand the legislation yourself.

Then ask yourself “can I put forward a robust defence for my actions if / when I am challenged in court and my licences are in question”.

Any shooter should absolutely know and understand the law. If you are being brought in to manage wildlife for others, you are being brought in for your expertise, and this is not just for your ability to shoot, but it is also for your wider knowledge on the subject.

I would also question if it brings all other shooters into disrespect.

The fact that your land owner, farmer, boss etc wants / insists that you do it is really of very little consequence when you are in the dock. Those who ask others to carry out illegal acts tend to rapidly distance themselves when you are in trouble.