Humane dispatch is it legal?

[Triggermortis]

You lot got it wrong, he’s just testing the SD collective knowledge bank

 

[griff]

Under Section 4.4 of the Theft Act 1968, when an animal is killed on the roads it is "reduced into possession" and becomes the property of the landowner. To pick it up or otherwise remove it would therefore constitute theft.

"Wild creatures, tamed or untamed, shall be regarded as property; but a person cannot steal a wild creature not tamed nor ordinarily kept in captivity, or the carcase of any such creature, unless either it has been reduced into possession by or on behalf of another person and possession of it has not since been lost or abandoned, or another person is in course of reducing it into possession."

As has been said, it would have to be a pretty mean-spirited judge to convict someone of this. I wonder if it's ever happened??

The idea, by the way, was to prevent people specifically going out with the intent to knock down and kill wild animals. At least that's how I understand it to be.

would that then make the landowner liable for the damage?

 

[Dan Newcombe]

would that then make the landowner liable for the damage?

I can’t imagine they would be because it only becomes their property after it’s dead which is after the damage will have been done and the damage was done on the council road so not on their land, it just died there.

 

[willie_gunn]

would that then make the landowner liable for the damage?

Which damage? The damage to the car?

I very much doubt it, since they are wild animals right up until death, at which point they are "reduced into possession".

I think even Schrodinger would have a challenge proving liability in these circumstances!

 

[ContinShots]

Under Section 4.4 of the Theft Act 1968, when an animal is killed on the roads it is "reduced into possession" and becomes the property of the landowner. To pick it up or otherwise remove it would therefore constitute theft.

"Wild creatures, tamed or untamed, shall be regarded as property; but a person cannot steal a wild creature not tamed nor ordinarily kept in captivity, or the carcase of any such creature, unless either it has been reduced into possession by or on behalf of another person and possession of it has not since been lost or abandoned, or another person is in course of reducing it into possession."

As has been said, it would have to be a pretty mean-spirited judge to convict someone of this. I wonder if it's ever happened??

The idea, by the way, was to prevent people specifically going out with the intent to knock down and kill wild animals. At least that's how I understand it to be.

That Act generally (and specifically that section) doesn't apply in Scotland. The OP's event occurred in Scotland. There may or may not be similar law in Scotland, although I can't immediately find it.

 

[ContinShots]

I think that road kill rights are just a myth, if you find a dead animal in the road and you remove it for your personal gain, it is classed as theft under the theft act. It is also theft by finding as classed by the Larceny Act, 1916

Again, that's another Act that doesn't extend to Scotland. So, it may be correct we're the OP's story about an event in England or Wales, but the law in Scotland is different.