Shooting deer out of season!

Slickshot

Well-Known Member
Recently acquired some fallow permission where the owner is complaining that the deer are doing crop damage.. I can get a written letter stating he gives me permission to shoot them due to the crop damage.. My concern is I'm hearing mix opinions on what's legal and what's not..

Im looking for some advice as I'm getting thrown around the housed from BASC ect! They seem to think that me getting a letter from my land owner stating that the deer are doing crop damage is all I need to control the deer while not in season..

Just to add I'm only interested in bucks and the females are heavily pregnant now..

advice please..

Cheers Aaron
 
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Ive also heard that the farmer has to do everything in his power first! For example put up high fences/ compressed bangers ect.. Just want a simple yes/no answer
 
Unfortunately slickshot when British law is concerned there is no such thing as a straight yes or no :cry:

Many solicitors and barristers have made a very good living out of arguing that yes actually means no, black is actually white and up is actually down.
 
Section seven of the deer act contains the 'farmers defence'
this would be your best bet.
That's how i understand it as well Mike.
But it is just that, if you end up in court it will be you defending your actions, so make sure you can prove it's the actual deer causing the damage, if you have to carry this out i suggest filming/trail cam footage before you squeeze the trigger.
Might even be the same farmer who asked me 2 weeks ago near Exeter, i refused by the way.
You have everything to lose, the farmer doesn't if you get it wrong.
Cheers
Richard
 
Unfortunately slickshot when British law is concerned there is no such thing as a straight yes or no :cry:

Many solicitors and barristers have made a very good living out of arguing that yes actually means no, black is actually white and up is actually down.

tell me about it..

Surly if if basc states all I need is a letter then that will do wouldn't it? I had there main deer man for there organisation state this! Hard one
 
Surely as distasteful as you find it, it would be impossible to justify controlling just the bucks if you relied upon the fact that the deer are damaging crops.
 
Cheers Richard! No it's a different farmer! I've been shooting for him over 2 years now.. It's on the back of haldon near the teigh valley.. I think il just wait till 1st August as it's such a grey area.. Your right to much to loose

and I know I'm kinda contradicting the matter with only shooting bucks.. My main concern is not to wipe them all out but to shoot a few to keep my farmer happy..

I I thought shooting the buck would be a more professional out look on this matter!
 
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Pukka gen answer, from the deer act 1991;


Legal requirements
The Deer Act 1991, provides for the culling of deer in certain situations during the close season for the purposes of crop protection.
Section 7(1) allows an authorised person (see below) to shoot deer out of season on cultivated land, pasture or enclosed woodland provided that the conditions in section 7(3) apply. These conditions are:
(a) deer of the same species are causing or had caused damage to crops, vegetables, fruit, growing timber or any other form of property on the land;
(b) it is likely that further serious damage would be caused; and (c) action was necessary to prevent it.
Although the Act does not define the meaning of crops, the scope appears to be very wide. The exception specifies crops, fruit and vegetables, but it may be possible to justify a case to include pasture especially when used for grazing. The term ‘timber’ implies any form of woodland or forestry, be it wild, managed or commercial. Areas of set-aside or private gardens are unlikely to be classed as crops but it could be argued that they come under the term ‘or any other property on the land’.
Authorised persons
The definition of ‘an authorised person’ is:
(a) the occupier of the land on which the action is taken; (b) a resident member of the occupier’s household authorised in writing by the occupier; (c) a person in the occupier’s service (eg an employee) authorised in writing by the
occupier; or (d) a person having the right to take or kill the deer on the land on which the action is
taken or any person acting with the written authority of a person having that right (eg the shooting tenant or person authorised by him).
Where an authorised person takes action against marauding deer to protect his crops etc, the killing of the deer must take place on the land where the damage is occurring, not the land where the deer come from.
 
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Recently acquired some fallow permission where the owner is complaining that the deer are doing crop damage.. I can get a written letter stating he gives me permission to shoot them due to the crop damage.. My concern is I'm hearing mix opinions on what's legal and what's not..

Im looking for some advice as I'm getting thrown around the housed (sic) from BASC ect! They seem to think that me getting a letter from my land owner stating that the deer are doing crop damage is all I need to control the deer while not in season..

Just to add I'm only interested in bucks and the females are heavily pregnant now..

advice please..

Cheers Aaron

I don't understand your implied criticism of the BASC. I asked their advice on an identical manner. (I am a member and that is part of what I pay for), and they gave me written advice. If you don't trust BASC why did you ask them?
 
I don't understand your implied criticism of the BASC. I asked their advice on an identical manner. (I am a member and that is part of what I pay for), and they gave me written advice. If you don't trust BASC why did you ask them?

because if you read I'm getting mixed opinion from everyone!
 
advice please..

Cheers Aaron

Seems to me that by asking for advice you are not confident with the situation. My advice would be that if you're not confident then you don't want to be doing it. It's worth noting the oft-quoted Section 7 is only a 'defence', not a permission. My understanding is that, if challenged, you would have to prove your 'innocence' rather than it being a given. Opting to shoot 'bucks only' blows a hole straight through that as your 'defence' is that the deer (of both genders) are damaging the crop. As I'm sure you know, if you're looking to control deer populations, then it's the females that have to go. If someone is looking to create a problem for you, you can see how easy it would be to construct an adverse scenario.

As for conflicting advice from BASC and others - it's only ever advice. I don't imagine they're offering to go in the dock in your stead, are they?

It's your finger on the trigger, so it's your call.
 
Its words that sit on the fence and could fall either way. BASC quoted me the same interpretation as you several years ago. I chose to air on the side of caution and refused to carry out the landowners request. Couldn't afford a barrister if it went wrong and doubt if any organisation would stand by me or you.
 
because if you read I'm getting mixed opinion from everyone!

Have I missed something, it looks like fairly consistent advise to me. The general opinion seems to be leave well alone but if you do decide to shoot out of season get the necessary authorisation or licence in writing.
 
Try the scare options first and the disturbance normally this will work.If it don't then you have at least a case to your defence.Make sure you have lots of cash court cases I am told are not cheap lol.
 
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