UK Badger Incidents 2013

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1 UK Badger Incidents P a g e

2 ... 4 SUMMARY OF INCIDENTS... 5 SSPCA CASE STUDY TABLE OF INCIDENTS LOCATIONS MAP OF INCIDENTS LOCATIONS PERSECUTION TIMELINE INCIDENTS REPORTED IN UK RECENT CONVICTIONS UK WILDLIFE CRIME PRIORITIES Acknowledgement and Thanks Acknowledgement and thanks go to Scottish Badgers, The Badger Trust and other funders without whose financial support this document would not have been written. Thanks to those people who have kindly provided the text and accompanying photographs for the case study. Thanks to those partners in Operation Meles who continue to provide support and information in relation to badger persecution in the UK. Thanks to David and Angela at ECOS countryside services for producing the incident hot spot map. Thanks to Andy & Susan in Beattock for patiently proofing the document. 2 P a g e

3 UK Badger Persecution 2013 Introduction In a year during which the Westminster Government licensed the killing of thousands of badgers in England, many others lost their lives as a result of persecution. Not satisfied with government plans, some landowners may have taken the law into their own hands and illegally killed badgers. Social media turned out to be the platform on which some offered their services to get rid of the badger problem. These people do no service to the many thousands of others who abide by the law and rely upon legal remedies to resolve wildlife concerns both nationally and at a local level. Thus 2013 proved to be another year of mayhem, death and destruction for badgers throughout the UK. Badgers were baited with dogs, lamped and shot, gassed in their setts and poisoned. Setts were blocked, ploughed and damaged to the point of total destruction. All this in an environmentally enlightened age. The perpetrators range from out-and-out criminals to landowners and their staff. Even home-owners joined in the frenzy of killing badgers and damaging badgers setts. There remains a reticence to seek assistance yet never before, has there been so much free advice available to help people deal with problems involving badgers, and detailing the legal remedies that can be adopted. Perhaps people think that no one will notice, but experience shows that, even in the most remote areas, eventually someone does. People who encounter problems with badgers should get in touch with their local badger group and ask for advice. It is free. The illegal route will only lead to court, where fines and legal costs can run into thousands of pounds. The Sentencing and Punishment of Offenders Act 2012 may introduce unlimited fines for offences committed against badgers and their setts; and those involved in otherwise legal operations, such as farming, forestry and development of land would do well to take note. As in previous years, this document refers only to incidents not crimes. Most incidents are recorded as a direct result of the commitment of non-governmental organisations. With no central recording of police incident data, it has become extremely difficult to access relevant information. The result is that the data set on which this report is based is incomplete and will therefore under-represent the true picture. The Badger Persecution Priority Delivery Group (BPPDG) hopes to address this problem during It is vital that we begin to gather data on how many of the reported incidents are found, after proper investigation, to be crimes. If there is any doubt that an incident has been reported, please visit Scottish Badgers, or The Badger Trust, websites where there is a facility to report incidents. It is better for it to be reported two or three times than not at all. 3 P a g e

4 Foreword Badger persecution continues to be widespread across the United Kingdom. Despite legal protection of badgers and their setts and the hard work of organisations such as the Badger Trust and Scottish Badgers in bringing wildlife criminals before the courts, we continue to see many horrific cases of cruelty towards this protected species. The demonisation of badgers by the government and farming industry to justify the disastrous badger cull policy, has also helped create a climate of fear about badgers, which has also no doubt led to increased levels of persecution. From badger baiters using their dogs to attack badgers, to farmers and landowners illegally gassing badgers and property developers blocking the entry points to setts, badger persecution involves people from all walks of life and backgrounds and is a blight on our modern society. Wildlife crime is a serious offence and wildlife protection groups such as the Badger Trust play a key role in helping the police gather intelligence on criminal activity and bringing this issue to the attention of politicians and the media. Operation Meles is a vital tool in an intelligence led UK wide police operation to gather evidence, identify and target offenders with a view to prosecution. I call on everyone who cares for the future of our badgers to remain vigilant and support Operation Meles by reporting all possible incidences of badger persecution to the police and the Badger Trust. By working together we can help beat wildlife crime and make the countryside a safer place for our precious badgers. Dominic Dyer CEO Badger Trust & Policy Advisor Care for the Wild 4 P a g e

5 Summary of reported incidents in 2013 A total of 697 incidents were reported in the UK during the year commencing January These figures now include all those dealt with by the Royal Society for the Prevention of Cruelty to Animals which were previously absent for statistical revue, and others reported by NGOs, such as The League Against Cruel Sports. There are other incidents but the data available are sketchy at best and gathering information from the various police forces throughout the UK has proved difficult. For example, 93 additional incidents are known to have been recorded by police but the available detail is insufficient to allow analysis and for it to be compared with data from other sources. Because of this, these data have not been included in this report. However, the problem will hopefully be addressed over the coming year and this will enable a more complete picture of badger persecution throughout the UK to be presented in subsequent reports. Badgers, of course, do die from natural causes and the circumstances in which the animal is found should be carefully examined before crime is suspected. Of the 697 incidents reported, there are 140 where a dead badger has been found and the person finding it has reported it as suspicious. In many of these incidents, the cause of death is more likely to have been the result of a collision with a vehicle or the outcome of territorial behaviour. There is no doubt that some illegally killed badgers find their way onto roadside verges but each allegation should be carefully investigated and, in the absence of any other evidence, it should be accepted that the death is not the result of a criminal act. A further seven incidents were reported where the badger was displaying a classic wound to the rump above the tail. This is typically a result of territorial fighting. 250 Main Incident Types Reported Sett Interference Badger Baiting Traps/Snares Poisoning Shooting Killing Sett Interference Just over 28% of all incidents reported referred to sett interference. Sett interference is hard to comprehend and there is no clear indication why someone carrying out otherwise lawful operations would interfere with a badger sett when simple advice would prevent anything 5 P a g e

6 illegal taking place. This type of offence ranges from destruction of setts in large forestry operations to interference by householders to setts in domestic gardens. At both ends of the spectrum, the persons committing these offences face the same punishment and seem not to be aware that there may soon be unlimited fines and a term of imprisonment for more serious offences. Developers were reported in 42 incidents, which generally involved attempts being made to make badgers leave a site on which building was to take place. Setts had been totally demolished with badgers inside leaving little chance of a badger managing to dig its way out. Animals trapped below ground suffer long slow deaths. 24 agricultural incidents were reported, mostly involving setts being ploughed over. Once ploughed, the ground has to be harrowed, seeded and eventually harvested, therefore one sett in a field can attract illegal activity at least four times in a single planting season. There could also be serious health risks to badgers resulting from spraying of weed killers and chemicals. Only nine of the incidents last year referred to illegal acts being carried out as a result of forestry operations but that is still nine too many. It is accepted that, in some circumstances, setts can be overlooked, or not identified, before work commences, but it is important that those involved in this type of work are alert, and stop if there is any doubt about what the holes in the ground are and how to deal with them. In 30 instances during 2013, allegations of illegal activity at setts by persons involved in hunting with hounds were reported. It is some time now since it became illegal to stop a badger sett prior to a hunt taking place, but on many occasions, this is reported still to have happened. It is illegal to dig a badger sett to get a fox out but this practice also continues. Once again, it is the type of offence where those taking part know what they are doing is illegal but where they feel there is little or no chance of them being prosecuted. In other instances of sett interference, setts are blocked with logs, branches, boulders and or anything else that comes to hand. Setts are disturbed by persons lighting fires on or nearby them; destroyed during the making of footpaths; have chemicals such as creosote and other noxious substances introduced into them and, in general, the resident badgers are given a pretty hard time. Badger Baiting Badger baiting involves the most horrific cruelty that can be meted out to a wild animal. Badgers are dug from their setts and literally thrown to the dogs before being torn limb from limb. It is difficult to understand why people are still engaged in this barbaric practice. There are stories about betting, the value of a good dog or how much a live badger is worth for organized fights. A more realistic explanation may be that the people who involve themselves in these types of incidents are just bad, cruel and uncaring. Even their own dogs suffer as a result, with many sustaining horrendous injuries taking on a badger in a confined space. These injuries usually go untended or, at best, the dogs are sewn back together by the owner in unsanitary and ill-equipped conditions. When dogs are too badly injured they are often summarily executed with the back of a shovel or left to die in agony. During 2013 reports of badger baiting incidents were received on 151 occasions. Given the nature of the crime, and the fact these offences are often committed in remote areas, it is unusual 6 P a g e

7 for offenders to be caught in the act but, nevertheless, this does happen from time to time. Setts are often found to have been dug long after the event, which makes investigation difficult. However, all is not gloom and doom on this subject and in recent years the animal welfare charities - RSPCA, SSPCA and USPCA - have all been seriously disrupting activities by identifying the injured dogs and removing them from their owners possession. Traps/Snares. Badgers react very badly to being trapped in snares and they go to extraordinary lengths in their struggles to get away from the device that is holding them. Badgers are extremely powerful and possess enormous strength, being able to pull against the snare, exerting huge amounts of strain on it. They turn and roll against the device which very quickly becomes damaged to the point where it ceases to be free running allowing it to tighten around the trapped area of the body. Personal experience of this type of crime has shown that, once trapped, badgers will not simply lie quietly in the snare but will fight until exhausted or so severely injured that they can fight no more. Over the years, attendance at a number of crime scenes involving badgers in snares has provided graphic evidence that they cause great disturbance to the ground around the snare in their desperate attempts to free themselves. This disturbance is known as a doughnut due to its distinctive shape. Badgers have also been seen hanging from fences as they climb up in an attempt to flee and become suspended on the other side from the snare. All too often, the injuries sustained are so bad that the animal has to be put down. In 2013 reports were received that badgers had been caught in snares 30 times but it is suspected that this number is very low compared to the number of animals that are actually caught. There are far more numerous reports of doughnuts. The law requires that badgers are released from snares as soon as discovered but this frequently happens without veterinary attention. Most badgers will have injuries, such as cuts and contusions which, although not immediately apparent, will manifest later causing death through infection if not treated. Good practice is that anyone who finds a badger in a snare should seek advice and treatment for the animal and not simply release it. If the snare is set correctly, in an appropriate place, then no-one should worry about prosecution resulting from reporting accidental capture. Despite the tightening of laws and regulations regarding the use of snares in Scotland, seven of the incidents reported took place there. During the same year, there were a further 13 reports of other traps being set to catch badgers, the most common of which were large mammal cage traps. It was apparent that those cages were being used with the intention of trapping foxes but baiting them with dead birds or, in one case peanuts, would certainly have attracted badgers. Poisoning Although 24 reports of badgers being poisoned were received during the year, only five were confirmed, after analysis of the remains. Poor storage of rodenticide in one instance, and inappropriate use whilst trying to deal with a wasp nest in another, resulted in the deaths of two badgers. Members of the public often find dead badgers and, because there are no obvious signs of external trauma, suspect that they have been poisoned. Badgers do, of course, die naturally and often their demise is in the open. All dead badgers found are not the result of criminal acts. Badgers are omnivores and will eat most things that attract them. If baits laced with poisons are laid in areas used by badgers, the chances are that the badger will eat the bait and be 7 P a g e

8 poisoned. Good practitioners will avoid leaving baits where they can be consumed by nontarget species. However, there is emerging evidence that badgers are being targeted deliberately with food items laced with lethal doses of poisons being left on setts or rolled into them. On occasion there have been reports that baits containing slug pellets have been left on setts. It is common practice, whilst carrying out environmental assessments or other scientific projects, to bait-mark badger setts. This usually comprises the use of small plastic pellets mixed with syrup and peanuts which are left on setts for consumption by the badgers. Searches are carried out for dung pits and the plastic pellets, which are undigested appear in the dung. This allows the use and size of a badger territory to be determined. Unfortunately a popular colour of pellets is blue which looks remarkably like slug pellets. Surveyors should inform their local police station that they are doing this experiment as, when this does not happen, it often leads to wellintentioned reports that badgers are being poisoned. Shooting Incidents including the use of firearms are reported fairly regularly and, during 2013, 26 such reports were recorded. Because of their serious nature, such incidents are invariably reported to the police and, no doubt, if that data were available, the number would be higher. Only seven of the incidents reported were confirmed as actual illegal shooting of badgers. In one incident however, four badgers, with single gunshot wounds to the head, were found in the same place over the space of ten days. Of the other 19 incidents, some involved allegations that badgers were being illegally shot by particular named individuals or at particular loci. Most of these incidents remain unconfirmed because no follow-up information was forwarded to the recording centre. One such incident involved the allegation that five dead badgers, which had been shot, were dumped together in one place. An additional six reports suggested lamping taking place, where it is alleged, persons were targeting badgers with bright lights, often from vehicles, and then shooting them. Lamping is commonplace in some rural areas, where it is one of the methods used by land managers in the control of foxes. In some instances once lit up by the lamps lurcher type dogs are released to chase and kill the badgers. Wilful Killing During 2013 reports were received, from many sources, of badgers being deliberately killed. As mentioned previously, it is not always easy to ascertain whether or not a badger s death is as a result of natural causes. However, some incidents, 86 this current year, are of a suspicious nature where the circumstances don t add up to a natural death. Reports of badgers being found with the head or skin missing have been received. Disturbingly, recent accounts of dead badgers with all their internal organs missing have come to light in several parts of the country. On examination, the entrails appear to have been surgically removed and not predated by other animals as one might expect. It is hard to account for such events. In another incident, this time in Scotland a post mortem revealed that a badger found lying in the open had been killed by blunt force trauma. Suspicion was aroused when it was found at the locus with a bailer twine noose around it. 8 P a g e

9 These types of incidents are difficult to explain and, short of forensically examining every dead badger, the true nature of their deaths will never be established. It is sufficient to say, there are some disturbing incidents taking place involving the deaths of badgers. 9 P a g e

10 SSPCA Case Study In February 2012, three witnesses reported persons digging out an active badger sett in the Sandilands area of Lanark. The men who were spotted were accompanied by a number of dogs, one of which was seen being retrieved from the sett. A quick-thinking witness was able to take photographs of the men damaging the sett, and of their vehicle. These images became vital pieces of evidence which were later used to secure convictions. An investigation was undertaken by the Scottish SPCA Special Investigations Unit and, after considerable efforts, a father and son, both from Larkhall, were identified as potentially being responsible. During the investigation, search warrants were executed on two occasions, at a number of addresses, which resulted in a total of nine dogs - terriers and lurchers - being seized. Not only did the dogs match the ones photographed at the sett being dug, but a number had injuries which were consistent with having been involved in repeated and sustained fighting face to face with a badger. Expert veterinary evidence was obtained which confirmed the origin of the injuries. Any question that it was not a badger sett was dispelled by video evidence of badgers using the dug sett soon after the incident took place. In the course of the searches other evidence was recovered, including clothing, spades and specialist books. Both men were subsequently found guilty of damaging a badger sett, entering a dog into a badger sett and attempting to kill, injure or take a badger, contrary to the Protection of Badgers Act 1992 (as amended) and were sentenced at Hamilton Sheriff Court on the 8 th April They were banned from owning dogs for ten years and given 250 hours of community service, to be carried out within nine months. This case highlights the importance of joint working, utilising skills, resources and expertise successfully to detect serious crimes committed by violent and dangerous individuals and involving dreadful injury and suffering to both badgers and dogs. Not only were these men detected for wildlife offences but, during the course of the operation, offences relating to vehicle theft, drugs and other serious criminal behaviour came to light. 10 P a g e

11 The following wildlife incidents involving badgers were reported in 2013: - County Alphabetical Number of incidents County Numerical Number of incidents Aberdeenshire 5 Somerset 54 Angus 7 Durham 43 Ayrshire 4 West Yorkshire 40 Bedfordshire 4 Dorset 34 Berkshire 6 Gloucestershire 30 Bristol 2 Devon 23 Buckinghamshire 10 Essex 20 Cambridgeshire 6 Lancashire 19 Cheshire 14 Hampshire 18 Clwyd 6 Staffordshire 18 Co Down 1 North Yorkshire 16 Cornwall 10 Derbyshire 15 Cumbria 7 West Midlands 15 Darlington 1 Cheshire 14 Derbyshire 15 Wiltshire 14 Devon 23 Kent 13 Dorset 34 East Sussex 12 Dumfries and Galloway 4 Greater London 12 Durham 43 Nottinghamshire 12 Dyfed 11 Dyfed 11 East Riding of York 3 Greater Manchester 11 East Sussex 12 Buckinghamshire 10 Edinburgh 1 Cornwall 10 Essex 20 West Sussex 10 Falkirk 1 Hertfordshire 9 Fife 5 Leicestershire 9 Flintshire 1 Shropshire 8 Glasgow 1 Worcestershire 8 Gloucestershire 30 Angus 7 Greater London 12 Cumbria 7 Greater Manchester 11 Lincolnshire 7 Gwent 3 Scottish Borders 7 Hampshire 18 Warwickshire 7 Herefordshire 5 Berkshire 6 Hertfordshire 9 Cambridgeshire 6 Highland 5 Clwyd 6 Kent 13 Northumberland 6 Lancashire 19 Aberdeenshire 5 Leicestershire 9 Fife 5 Lincolnshire 7 Herefordshire 5 11 P a g e

12 Merseyside 2 Highland 5 Mid Glamorgan 2 Norfolk 5 Middlesbrough 1 Northamptonshire 5 Midlothian 1 Suffolk 5 Norfolk 5 Sussex 5 North Wales 1 Ayrshire 4 North Yorkshire 16 Bedfordshire 4 Northamptonshire 5 Dumfries and Galloway 4 Nottinghamshire 12 Surrey 4 Oxfordshire 3 West Lothian 4 Perthshire 1 East Riding of York 3 Scottish Borders 7 Gwent 3 Shropshire 8 Oxfordshire 3 Somerset 54 West Glamorgan 3 South Glamorgan 1 Bristol 2 South Lanarkshire 1 Merseyside 2 South Yorkshire 2 Mid Glamorgan 2 Staffordshire 18 South Yorkshire 2 Suffolk 5 Co Down 1 Surrey 4 Darlington 1 Sussex 5 Edinburgh 1 Northumberland 6 Falkirk 1 Warwickshire 7 Flintshire 1 West Dunbartonshire 1 Glasgow 1 West Glamorgan 3 Middlesbrough 1 West Lothian 4 Midlothian 1 West Midlands 15 North Wales 1 West Sussex 10 Perthshire 1 West Yorkshire 40 South Glamorgan 1 Wiltshire 14 South Lanarkshire 1 Worcestershire 8 West Dunbartonshire 1 12 P a g e

13 13 P a g e Data for the above map was extracted from the whole data set held

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15 Incidents reported in the UK 2013 It is strongly suspected that only a small proportion of incidents involving badger persecution are ever recognised and an even smaller number reported. However, it is extremely difficult to assess the true situation and will continue to be so until such time as a centralised system of recording incidents and their disposal is established. The chart below illustrates serious fluctuations in the number of incidents made available for inclusion in this report Incident Occurence by Month Jan Feb Mar Apr May June July Aug Sept Oct Nov Dec It is clear that the main time for illegal activity is during late winter and spring when undergrowth is minimal and setts are more exposed to view and therefore easier to find. There is a similar pattern in charts produced by Scottish Badgers tracing the occurrences of road traffic accidents involving badgers. 15 P a g e

16 Convictions Somerset farmers fined after gassing badger sett. A father and son who farm in Somerset were convicted at Yeovil Magistrates Court after pleading guilty to blocking a badger sett and then filling it with exhaust fumes from their Landover. Each of the accused was fined 1,370 Suspended prison sentence A male caught badger baiting in the County Durham area pled guilty at Darlington Magistrates Court of attempting to take a badger and interfering with a badger sett. He also pled guilty to two animal welfare charges relating to the condition of four dogs at his home. Magistrates imposed a 12 week suspended prison sentence plus a 7pm to 7am six month curfew. He was also ordered to pay 1,580 towards court costs and charges and banned from keeping animals for five years. Gamekeeper fined 1,500 After investigation by the SSPCA, a local gamekeeper from the Moray area pled guilty, at Elgin Sheriff Court, to three charges including setting snares which were likely to cause unnecessary suffering; likely to be dragged; and for failing to release or remove an animal from the snare - all contrary to the Wildlife and Countryside Act A badger and several foxes were found dead in snares at the scene. Badger digger tagged and under curfew In March 2013, a report was received of two persons digging on a sett at Over Dinsdale near to the river Tees. Police attended and the location was pointed out. The sett was situated in a hedge line approximately 100 yards from the end of a field, towards the river bank. Unfortunately, the officers who could see two persons digging at the sett were not able to close with the suspects before being seen themselves. As the officers approached, the two males ran off towards the river and one was seen to ford the river, leaving his cross bull lurcher dog on the riverbank. The other was lost to sight. Back at the sett, three crowning holes had been dug and a spade and clothing had been left. A suspect was identified through his dog, which he had lost on a previous alleged poaching incident, when it had been seized and returned to him. DNA on the clothing was his. He was also identified by attending County Durham Police officers and had been seen at another sett nearby an hour before. The accused received a three month curfew to stay at an address between 7pm and 7am being monitored via a tag plus 400 of costs and fines. Suspended sentences for badger-hunting gang Three males appeared in court as a result of an incident in May 2013 and were found guilty of attempting to take a badger, digging for badgers and interfering with badger setts. The gang 16 P a g e

17 who had targeted a south Staffordshire badger sett were arrested after being spotted when two of the gang were seen lying face down beside the sett. A fourth male made good his escape. They were sentenced at Cannock Magistrates Court on Thursday 28th November, and received eight months in jail, suspended for 18 months. They were also handed an 18-month community order and told to complete 120 hours unpaid work. Two found guilty at Leeds Police caught two people actively engaged in digging out a badger sett. One made off from the scene and the other, a woman, was caught at the locus. Whilst the police were at the scene, a Jack Russell terrier wearing a radio collar emerged from the sett. Both the accused subsequently denied badger related charges at a preliminary hearing. However, both defendants DNA was found on beer cans at the scene, along with spades. They were found guilty after a one-day trial at Leeds Magistrates court on 4th December They were both convicted of interfering with a badger sett and fined 260. It is thought that this may be the first time a woman has been convicted of this type of crime. UK Wildlife Crime Priority Badger persecution is to remain a UK Wildlife Crime Priority from It is hoped that over this period a clearer picture can be formed of trends in badger persecution throughout the UK. It is already clear that the level of persecution continues unabated and that further action will have to be taken to identify offenders and target them with a view to prosecution. This will be no easy task given that more than 50% of all offences are committed in circumstances where it is impossible to gather intelligence. Badger baiting incidents both at the sett and away from it continue to be regularly reported and it is people involved in those incidents who can be targeted by the formation of robust intelligence packages. There is no doubt that, in common with many other types of wildlife offences, these offenders are often involved in other types of criminality. Please ensure that any intelligence gathered on likely offenders makes its way to the National Wildlife Crime Unit who have the lead role in gathering intelligence on this subject. 17 P a g e

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