Vacancy: Humane Animal Dispatch

[VSS]

Shooting near highways (roads and carriageways)​

In England and Wales it is an offence without lawful authority or reasonable excuse to discharge any firearm within 50 feet of the centre of a highway, which consists of or comprises a carriageway, and in consequence a user of the carriageway is injured, interrupted or endangered. [Section 161(2) of the Highways Act 1980 as amended].

It is important to remember that the discharge of a firearm is not prohibited in itself. It must also be proved that there was an injury, or that someone’s passage was interrupted or interfered with, eg. they have been forced to make a detour.

For the purposes of Section 161 (2) of the Highways Act 1980 (as amended), a ‘highway’ is restricted to a public right of way for the passage of vehicles and does not include footpaths, cycle tracks or bridleways. Therefore, the 50 feet rule described above does not apply to rights of ways that cross private lands e.g. footpaths.

While the Firearms Act does not provide a statutory definition of what is meant by “lawful authority” or “reasonable excuse”, we believe that “lawful authority” would not necessarily apply to recreational shooters as this seems to relate to those issued with firearms in connection with official duties such as police or military personnel.

“Reasonable excuse” would apply to recreational shooters shooting over land with permission. Section 19 of the Firearms Act with regard to having a ‘firearm in a public place’ also applies and is described on page four. This legislation applies to all public places and not just open access land.

Shooting -rights of way and access (England and Wales)

Explaining legalities around shooting and rights of way in England and Wales, including access to shooting land and advice for landowners.

basc.org.uk

Highways Act 1980

An Act to consolidate the Highways Acts 1959 to 1971 and related enactments, with amendments to give effect to recommendations of the Law Commission.

www.legislation.gov.uk

Sensible post ^^^

Humane dispatch, for the purpose of ending suffering of an animal, would, in my opinion, also constitute "reasonable excuse", and I would be prepared to act on that belief.

 

[PEM406]

@PEM406 you brave soul putting up a HAD topic! It doesn't take long does it to ascertain who the volunteer types are and who is not and then the many interpretations of the law - well done anyway to giving up your free time to at least end suffering to the animals we're all supposed to love.

Thank you

I am tempted to start another thread to discuss. As @cookingfat said, this one has gone down a rabbit hole. It’s a good one and important as a lot of uncertainty that we might be able to cover.

However point of the original post was to let people know that Hampshire will be opening recruitment and if anyone is interested, first step is one of the courses then apply for the role. End of the day, you can do the course and learn more but if not for you, then you don’t need to proceed. Worst case it’s an interesting day with other stalkers.

If people want to know more, PM me or we can open another thread.

Have a good weekend all