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Thread: Shooting Badgers in chicken coup

  1. #1

    Shooting Badgers in chicken coup

    I got into an argument over lunch with an anti yesterday, she struggled to understand how it was not possible to fence off the entire country so badgers and cows could be separated! These people have no conception of practicality or basic economics !

    Anyway today I thought I would have a close look at the current legislation.

    I have copied the below from the Badger Protection Act 1992

    I think its written in English, hard to tell!

    Incidentally I do not have a chicken coup or any chickens!

    But if I did and a badger rocked up unexpectedly (and I guess if it hadn't happened before no licence application would have been made) and starts killing the chickens could I go out and shoot it legally?




    Exceptions from s. 1.

    (1)
    Subject to subsection (2) below, a person is not guilty of an offence under section 1(1) above by reason of—

    (a)
    killing or taking, or attempting to kill or take, a badger; or

    (b)
    injuring a badger in the course of taking it or attempting to kill or take it,

    if he shows that his action was necessary for the purpose of preventing serious damage to land, crops, poultry or any other form of property.
    (2)
    The defence provided by subsection (1) above does not apply in relation to any action taken at any time if it had become apparent, before that time, that the action would prove necessary for the purpose there mentioned and either—

    (a)
    a licence under section 10 below authorising that action had not been applied for as soon as reasonably practicable after that fact had become apparent; or

    (b)
    an application for such a licence had been determined.


    Link to full document is here:- http://www.legislation.gov.uk/ukpga/1992/51/contents
    Last edited by tedsalad; 27-12-2015 at 21:53.

  2. #2
    Your not even allowed to interfere with a roadkill badger without a licence

  3. #3
    The way I read it is that if you expected a confrontation or incident with a badger and then that incident happened and you shot it then you would not be covered. Ie you find a badger hole going into your coop so you wait out for it to return and then shoot it. But if you were going down to lock your chickens away (and had a rifle/shotgun) and saw a badger attacking them and you had no prior knowledge or expectations of finding a badger then you'd be within the defence you listed. Or at least that's how I read it.

  4. #4
    Yeh that's exactly the way I read it too, I wonder what others think?

  5. #5
    Not sure I'd want to be one to test it though.

  6. #6
    I agree, if you expect it - you need a licence if its unexpected then you can kill it in defence of e.g. chickens.
    It also only gives you one badger legally !

  7. #7
    I recall reading of a farmer in the south west who had taken to shooting any lone badger he saw moving about during daylight hours as the unnatural behaviour indicated to him that the animal was ill, and thus covered by the welfare/ending suffering clause.

    seemingly the police never challenged this.

  8. #8
    Quote Originally Posted by nun_hunter View Post
    The way I read it is that if you expected a confrontation or incident with a badger and then that incident happened and you shot it then you would not be covered. Ie you find a badger hole going into your coop so you wait out for it to return and then shoot it. But if you were going down to lock your chickens away (and had a rifle/shotgun) and saw a badger attacking them and you had no prior knowledge or expectations of finding a badger then you'd be within the defence you listed. Or at least that's how I read it.
    So that's it in black and white.

  9. #9
    Mmmmmm not sure its all black and white ! There is a large Grey area behind it

  10. #10
    I had exactly that situation. Some time ago we were woken up by the chickens "kicking off". Suspecting a fox I got the gun and went out, to cut a long story short the badger had pushed up the pop hole got in and the door shut behind it. It killed or mutilated all the birds bar one. This animal had been hanging around for some time and I dealt with the problem on the spot.
    After that I got in touch with, I think DEFRA quoting a hypothetical situation. I was told that it is not illegal to kill a badger that is caught attacking livestock, however interestingly they also said you can only do this once as after the first incident you must take steps to see it doesn't happen again!

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