Humane dispatch is it legal?

[Stalker62]

Let's be honest when it comes to in animal on pain, any way of a quick death will be acceptable to put it out of its misery

I completed my HAD course 'South of the Wall' - and use of the knife was covered during the course.

I have used the rifle and the knife for HAD - I always have a knife to hand, I do not always have a firearm.

On average I will come across an injured deer every two years. I dispatched all of them with what I had to hand.

None of them were on 'my' ground. I moved any carcass to a discrete location, or (if appropriate) left it where it was. I didn't phone anyone for permission. I didn't bother the Police. I didn't bother the RSPCA.

More importantly I did not spend one moment of my life, fretting over losing my FAC/SGC or being in 'trouble' for any other 'hypothetical' offence.

I understand not all will share my gung-ho, cavalier attitude - and may wish to post their views on how I could spend the rest of my life in 'Pokey'.

Save your time.

 

[sh1kar]

My friend is a serving Constable of many years , he was part of a team that refreshed the knife laws/legislation ,he worked with plastic surgeons who dealt with wounds etc etc.

The long and short of it is , if the wrong cop saw you produce a blade on the roadside you could have been in bother.

I’m not actually sure a knife is a means of legal humane dispatch within Scotland.

They do however have lists of HD people in some areas.

It’s as clear as mud at times.

Hmm I wonder if to deal with a HAD could constitute good reason for carrying one in the car - defined I believe as a public place

S

 

[Rake Aboot]

I’ve used everything from a knife to an adjustable spanner
I’ll worry about legality after I’ve killed the animal although any means necessary is legal
Including running it over again to kill it

 

[willie_gunn]

Hmm I wonder if to deal with a HAD could constitute good reason for carrying one in the car - defined I believe as a public place

S

How frequently do you encounter the need for HAD?

If it's once or twice a day or week, then good reason might apply. If it's once or twice a year, then I think you might struggle.

 

[Laurie]

Years ago, my late father was occasionally the train guard on a local branch line service from Perth to Crieff or Comrie. BR bought a German Waggen u Maschinenbau single-vehicle railcar to try it on such low-use rural routes, basically a diesel bus adapted for rail use. The railcar was very quiet indeed, the route low speed with many blind curves, cuttings and hedges and this train killed a lot of unwary wildlife. The last movement of the day was 'empty stock', ie out of public service, back to the depot and riding on it one day with Dad, I noticed it kept stopping for no obvious reason. He laughed and explained the driver kept a mental record of wherever he'd killed a pheasant or partridge and stopped to pick them up at the end of his shift. Legal position? I reckon it was regarded by all concerned as a windfall especially as the driver would share the haul out with his workmates. I think the landowner in such cases was BR as stationmasters used to issue licences to local people to shoot rabbits on lightly used rural lines pre Mixy and the Beeching closures. (Rabbits are an expensive pest on the railways as warren burrows undermine embankments and cuttings sides.) Such a practice would be unimaginable today with Network Rail's track safety regime that makes it hard for legitimate employees to walk on the track or lineside.

 

[Stalker62]

I wonder if to deal with a HAD could constitute good reason for carrying one in the car - defined I believe as a public place

@sh1kar

Your car is indeed classified as a 'Public Place' for the purposes of the Act.

I would not seek to rely on the defence of carrying a knife 'just in case' I came across a HAD situation.

I have a knife with me because of my 'job' or my 'hobby' - Gamekeeper or Stalker.

That serendipitous situation, at least equips me to deal 'humanely' with any injured animal that needs it.

 

[DVS1]

I'd like to think that most if not all police officers would be thankful that a potential danger to other road users has been dealt with as swiftly and humane as possible. It would be an officer with a large chip on their shoulder that would take matters down the legal road surely!

 

[Stalker62]

I'd like to think that most if not all police officers would be thankful that a potential danger to other road users has been dealt with as swiftly and humane as possible.

Absolutely. Most Cops (God love them) would not have a clue, and you have just fixed a problem for them so they can crack on with stuff that needs a Cop.

It would be an officer with a large chip on their shoulder that would take matters down the legal road surely!

It would - and fcuk them.

It would never get past the Custody Sergeant; and would lead them to 30 years of 'p**s taking' from their colleagues in the canteen.

If only there were any Police canteens left...

 

[slider]

I’ve put a number of roadkill pheasants in the boot and was always of the belief that as long as I wasn’t the one to hit it then they were fair game (pun intended). Surely game is game, whether feather or fur?
Of course I am probably wrong but would welcome a more authoritative answer.

The law specifically states deer belong to no one but once dead are the property of the landowner on which they die. This law doesn't apply to other game.

 

[Stalker62]

This law doesn't apply to other game.

@slider

Not true.

See #12

 

[gixer1]

Travelling out of small Scottish town this week for work at last light. The car two in front of me stopped in a precarious place on the road. After a couple of minutes went to see what was wrong had she broken down. Any behind her car was a doe laying in the road kicking out, obviously not looking like it was going to get up and bound away, I went back to my vehicle, got a knife and told her to look away away while i put it out of its misery.
It was put in the hedge and off we all went. are there any technical legal ramifications for doing this?

It wasn’t northeast Scotland was it?

 

[Stalker62]

If this is true.

If.

Why was the cnut not wrestled to the ground and detained for the Polis?

 

[gixer1]

If this is true.

If.

Why was the cnut not wrestled to the ground and detained for the Polis?

I very much doubt the details…likely the deer was already dead, I attended a deer last year that was lying at the side of a road motionless but head up as it’s back end was clearly very badly damaged, a woman and her daughter were there, I explained that the deer was suffering, would not survive based on its injuries and would need to be put out of its misery….this led to me being called a murderer….

Many people do not understand the need to put something out of its misery unfortunately and although their intentions may be good, they feel sitting next to a deer stroking it is helping it - it’s not, deer don’t want a human anywhere near them and I would hazard it makes their last moments panicked and horrifically traumatic.

 

[Stalker62]

….this led to me being called a murderer….

Come on @gixer1 :- herewith your pithy retort...




Murder

the unlawful premeditated killing of one human being by another.

 

[gixer1]

Come on @gixer1 :- herewith your pithy retort...




Murder

the unlawful premeditated killing of one human being by another.

Oddly enough, in the post I copied the pictures of there are numerous people calling the man a “murderer”….and calling for him to be killed…it’s a funny old world.

 

[Stalker62]

 

[JockStalk]

Last one I was called out to, two members of he public very helpful, police arrived 15 minutes after me.
Police asked me where the deer was and when I told him he asked me to quietly follow him and evaluate what to do next.

So I had a ‘Quick Look’ with him and suggested we leave it where it was in the whins by the roadside. He asked if I was sure no action was required.

I confirmed that having already shot it in the head with a twelve bore ten minutes before they arrived I didn’t think any further action would be appropriate.

He did see the funny side.

Paperwork completed and all on our respective ways.

 

[slider]

@slider

Not true.

See #12

Apologies, just seen #12

 

[User00056]

Regardless of the rights and wrongs, my priority has always been to despatch the deer as quickly as possible. I've had to do it a few times, using everything from my pocket knife to the wheel of my truck. On each and every occasional the reaction of any passersby has been relief and thankfulness that someone was present who was capable of doing it.

I believe the law actually makes allowances for humane despatch?

 

[DocJohn]

Two points. 1.Road kill is not supposed to enter the human food chain (someone will no doubt be able to quote the law verbatim, please). There are good hygiene reasons for this. 2. My Firearms Licensing department no longer put HAD on an FAC.You must tell the Police what you are about to do if a firearm is to be used and get an incident number.They then have the choice to come but usually don’t. From personal experience, Derbyshire Police have been really supportive but have no HAD organisation. When they have turned out to dispatch the animal themselves they have been inappropriately armed.