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Thread: Legal requirements to dispatch of injured deer traffic collision?

  1. #1

    Legal requirements to dispatch of injured deer traffic collision?

    Is there legal requirements for dispatching road traffic collision injured animals?

    for example, a deer has been ran over and broken back is the result its an easy shout, you dispatch it, but if it was a broken leg? Also how would you stand for dispatching a badger or otter? As much as none of us like suffering I don't think any of us would like to threaten our possesion of firearms for not knowing the law regarding this??

    any one know the right s and wrong in this area or is it one of these grey areas that judgement at the time will suffice even if we make the wrong judgement?

    ​all the best, nick

  2. #2
    Quote Originally Posted by nicklowlander View Post
    Is there legal requirements for dispatching road traffic collision injured animals? for example, a deer has been ran over and broken back is the result its an easy shout, you dispatch it, but if it was a broken leg? Also how would you stand for dispatching a badger or otter? As much as none of us like suffering I don't think any of us would like to threaten our possesion of firearms for not knowing the law regarding this?? any one know the right s and wrong in this area or is it one of these grey areas that judgement at the time will suffice even if we make the wrong judgement? ​all the best, nick
    My cert. says :- (c) the humane killing of animals (d)the shooting of animals for the protection of other animals or humans This with regard to the fireams used for hunting or vermin control using hollow point or expanding missiles or ammunition. I think , PC inclinations notwithstanding re. passersby or other witnesses ,that providing safety for onlookers (rubberneckers) and tree-hugging bambi lovers ,that these conditions cover your question . Of course in the case of deer the local authority would have to be informed to dispose of the carcass but if the police were in attendance they should do that .If on the road then the carcass should removed as discreetly as possible to the verge or further.

  3. #3
    1. Any person can euthanase any animal by any humane means if required.

    2. There is a specific clause in the Badger act that allows you to dispatch sick or injured animals. A badger with an obviously broken back at the side of the road I would dispatch.

    3. To use a firearms it should be conditioned for that purpose. It is incredibly unlikely you would suffer any problems using a legally held firearm even if not conditioned for that reason. Your defence in law would be by not ending the animals life when you had the means to do so would make you guilty under the Animal Welfare Act 2006 of causing unnecessary suffering to an animal. I have it from my FEO and a barrister I know who works for the CPS that it would never be in the public interest to prosecute you in such circumstances.

    4. It is up to you to prove the animals required dispatch, should you be questioned. I'd suggest that if you are going to start shooting badgers you go for the obviosuly sick and not the ones with a bit of a limp.....

    Section 161 of the Highways Act 1980 (England & Wales) makes it an offence to discharge a firearm within 50 ft of the centre of a highway with vehicular rights without lawful authority or excuse, if as a result a user of the highway is injured, interrupted or endangered.

  4. #4
    Quote Originally Posted by Apache View Post
    I'd suggest that if you are going to start shooting badgers you go for the obviosuly sick and not the ones with a bit of a limp.....

  5. #5
    Cheers for insight, was always something that was a bit of a grey area to me.

    ​nick

  6. #6
    Quote Originally Posted by Apache View Post
    1. Any person can euthanase any animal by any humane means if required.

    2. There is a specific clause in the Badger act that allows you to dispatch sick or injured animals. A badger with an obviously broken back at the side of the road I would dispatch.

    3. To use a firearms it should be conditioned for that purpose. It is incredibly unlikely you would suffer any problems using a legally held firearm even if not conditioned for that reason. Your defence in law would be by not ending the animals life when you had the means to do so would make you guilty under the Animal Welfare Act 2006 of causing unnecessary suffering to an animal. I have it from my FEO and a barrister I know who works for the CPS that it would never be in the public interest to prosecute you in such circumstances.

    4. It is up to you to prove the animals required dispatch, should you be questioned. I'd suggest that if you are going to start shooting badgers you go for the obviosuly sick and not the ones with a bit of a limp.....
    Thanks.
    Very useful post.

  7. #7
    Quote Originally Posted by VSS View Post
    Thanks.
    Very useful post.
    +1

  8. #8
    A little meat on the bones:

    Protection of Badgers Act 1992

    6. A person is not guilty of an offence under this Act by reason only of—
    (b)killing or attempting to kill a badger which appears to be so seriously injured or in such a condition that to kill it would be an act of mercy;
    Protection of Badgers Act 1992

    Animal Welfare Act 2006
    4 Unnecessary suffering
    (1)A person commits an offence if—
    (a)an act of his, or a failure of his to act, causes an animal to suffer,
    (b)he knew, or ought reasonably to have known, that the act, or failure to act, would have that effect or be likely to do so,

    (2)A person commits an offence if—
    (b)an act, or failure to act, of another person causes the animal to suffer,
    (c)he permitted that to happen or failed to take such steps (whether by way of supervising the other person or otherwise) as were reasonable in all the circumstances to prevent that happening, and
    (d)the suffering is unnecessary.

    (3)The considerations to which it is relevant to have regard when determining for the purposes of this section whether suffering is unnecessary include—
    (a)whether the suffering could reasonably have been avoided or reduced;
    (4)Nothing in this section applies to the destruction of an animal in an appropriate and humane manner.
    Animal Welfare Act 2006

    Edited down for clarity. My bold.

    Section 161 of the Highways Act 1980 (England & Wales) makes it an offence to discharge a firearm within 50 ft of the centre of a highway with vehicular rights without lawful authority or excuse, if as a result a user of the highway is injured, interrupted or endangered.

  9. #9
    All academic really - I've seen Nick drive and doubt there'll be many survivors - limping or otherwise

    And that was just reversing an argo off a trailer....

    Seriously - very useful thread.
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  10. #10
    Quote Originally Posted by Apache View Post
    A little meat on the bones:

    Protection of Badgers Act 1992



    Protection of Badgers Act 1992

    Animal Welfare Act 2006


    Animal Welfare Act 2006

    Edited down for clarity. My bold.
    It would appear, then, that the "bunny huggers" at the roadside who effectively prevented someone from acting in a way that would prevent uneccessary suffering could actually have been committing an offence. Or am I misreading the above?
    It could also be interpreted to imply that the OP (of the other thread - re: Bunny huggers) was committing an offence, because he didn't put the animal out of it's misery when he knew that he should.
    Last edited by VSS; 21-05-2013 at 21:34. Reason: mixed up two threads!

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