Funny you should say that about hearing that advice on your dsc1- I recall exactly the same advice give to me when I sat mine- there was an earlier thread similar to this where I broached the ability to kill something that was injured - but was very quickly "corrected" by sikamalc who thought it wrong- and who also saw no link to dsc1. I wonder if there is actually someone on this forum who actually knows what they are talking about and has a definitive answer on the topic. I did my dsc1 with ngo Alan (Barrett )I think
RTA Dispatch
- Thread starter kal
- Start date
Bandit Country
Well-Known Member
I suspect the only 'definitive answer' is to be found in case law. The activity is within the realms of so many different bits of legislation that it would need a legal judgement to clarify the position - and even that would probably be subject to appeal. Any legal eagles out there who can point up anything relevant - or would you want paying first?
matt_hooks
Well-Known Member
I'm sure this has all been said before but...
Whether your firearm is conditioned for dispatch is irrelevant.
Whether you have an open or closed cert is irrelevant (you will almost certainly not have permission to shoot the specific land, so you could technically be held in breach of that condition)
The only defence you have is one under "preventing un-necessary suffering" for an animal that is injured other than by your unlawful action.
The SNH Best Practice guidance yields the following.
Section 25 of the Deer (Scotland) Act 1996 exempts individuals from being guilty of any offences involving the taking or killing of deer at any time if it is done for the purpose of preventing suffering by:
Not sure I'd want to be the test case, that's for sure. I have dispatched deer in the past with a knife (no firearms handy at the time) but that was on a country road, late at night and no-one around to see it. If it were the middle of the day, on a busy road, and the police were present I'd be having a serious discussion with them before acting.
Whether your firearm is conditioned for dispatch is irrelevant.
Whether you have an open or closed cert is irrelevant (you will almost certainly not have permission to shoot the specific land, so you could technically be held in breach of that condition)
The only defence you have is one under "preventing un-necessary suffering" for an animal that is injured other than by your unlawful action.
The SNH Best Practice guidance yields the following.
Section 25 of the Deer (Scotland) Act 1996 exempts individuals from being guilty of any offences involving the taking or killing of deer at any time if it is done for the purpose of preventing suffering by:
- an injured or diseased deer; or
- by any deer calf, fawn or kid deprived, or about to be deprived, of its mother, or
- a deer which is starving and which has no reasonable chance of recovering.
Not sure I'd want to be the test case, that's for sure. I have dispatched deer in the past with a knife (no firearms handy at the time) but that was on a country road, late at night and no-one around to see it. If it were the middle of the day, on a busy road, and the police were present I'd be having a serious discussion with them before acting.
old man
Well-Known Member
In all probability too, just to cloud the water, the geographic location may well have a bearing on this issue?
Local to me the instruction seems to be to dial 999, I think the FC Rangers provide the service.
In more rural locations it's probable that the populace are more connected with the ways of countryside?
In other areas the full circus of weepers, wailers and rescue people just seem to interfere and prolong suffering?
Sad to think that seemingly all of the legislation in place to minimise suffering probably in most instances actually prolongs it?
The last collision I happened upon shortly after the incident concerned a Fallow buck and a Bus at dusk. There were about a dozen onlookers helping and 4 or 5 cars stopped too?
Local to me the instruction seems to be to dial 999, I think the FC Rangers provide the service.
In more rural locations it's probable that the populace are more connected with the ways of countryside?
In other areas the full circus of weepers, wailers and rescue people just seem to interfere and prolong suffering?
Sad to think that seemingly all of the legislation in place to minimise suffering probably in most instances actually prolongs it?
The last collision I happened upon shortly after the incident concerned a Fallow buck and a Bus at dusk. There were about a dozen onlookers helping and 4 or 5 cars stopped too?
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