Wildlife Crime. Standard Operating Procedure

Transcription

1 Wildlife Crime Standard Operating Procedure Notice: This document has been made available through the Police Service of Scotland Freedom of Information Publication Scheme. It should not be utilised as guidance or instruction by any police officer or employee as it may have been redacted due to legal exemptions Owning Department Version Number Specialist Crime Division 3.00 (Publication Scheme) Date Published 25/01/2018 (Publication Scheme)

2 Compliance Record Equality and Human Rights (EqHRIA) Impact Assessment: Date Completed / Reviewed: Information Management Compliant: Health and Safety Compliant: Publication Scheme Compliant: 16/01/2018 Yes Yes No Version Control Table Version History of Amendments Approval Date 1.00 Initial Approved Version 22/05/ Full Review Completed and Document Formatted to New Template. Amended in Line with New Criminal Justice (Scotland) Act /11/ /01/2018 (Publication Scheme) 2

3 Contents 1 Purpose 2 Introduction 3 Legislation 4 Wildlife Incidents 5 Poaching Offences 6 Badger Crime 7 Bird Crime 8 Bats 9 The International Trade in Endangered Species 10 Snares 11 Appearance Standards 12 Police powers under the Wildlife and Countryside Act Specialist Services 14 Wildlife Crime Coordination 15 National Wildlife Crime Unit 16 Wildlife Incident and Crime Recording 17 Intelligence 18 Training and Awareness 19 Health and Safety 20 Diversity Appendices Appendix A Appendix B List of Associated Legislation List of Associated Reference Documents (Publication Scheme) 3

4 1. Purpose 1.1 The legislative provisions relating to wildlife are both extensive and complex. Accordingly, this Standard Operating Procedure gives guidance to Police Officers and Support Staff of the Police Service of Scotland (hereafter referred to as Police Scotland) receiving reports and investigating offences relating to wildlife crime. 2. Introduction 2.1 Wildlife and environmental issues are of significant importance to the police service and can affect the economic wellbeing of an area as well as adversely affecting the natural environment. Additionally, wildlife crime can seriously affect the viability of threatened species. Recognising the importance placed on tackling wildlife crime both locally and nationally, Police Scotland is committed to supporting the environmental wellbeing of our area, in partnership with our partner groups and agencies. 2.2 Wildlife crime is a police responsibility. Welfare is also a Police responsibility but other agencies also have a role to play in investigating welfare offences. Wildlife does not include domestic animals - these are property and covered by other laws including the Animal Health and Welfare (Scotland) Act In addition, Wildlife does not include livestock. 2.3 The responsibility for the enforcement of the laws protecting our wildlife rests with the police service. 3. Legislation 3.1 Wildlife legislation seeks to conserve biodiversity, not only in Scotland, but also across the rest of the world. Wildlife crime encompasses any act or omission that is made illegal in Scotland under legislation with regard to certain birds, animals and plants including their habitats, both on land and at sea, and includes: Persecution of wildlife, cruelty against wildlife and interference with a wildlife habitat, including the release of non-native species Poaching Commercial activity in internationally protected species originating, committed or partly committed within Scotland. (Publication Scheme) 4

5 3.2 Specifically, wildlife crime reported Police Scotland may include some of the following: illegal trapping, shooting, snaring or poisoning of birds or animals; badger digging or baiting poaching of deer, game or fish (NB poaching is an acquisitive crime. It is the taking of game without the permission of the owner of the land on which the game is found, or the fishing rights on a river or loch. 'Game might include salmon, trout, pheasants, partridges, hares, rabbits or deer. Source: Partnership for Action Wildlife Crime Scotland; coursing; the collection of wild birds' eggs; the introduction to the wild of non-indigenous species; illegal international trade in wildlife, originating, committed or partly committed in Scotland; destruction of habitat; killing, injuring, taking, disturbing etc. wild bats; the taking of freshwater pearl mussels from rivers; and digging up, or in some cases, picking wild plants. 3.3 As highlighted, wildlife crime covers a broad spectrum of offences. Therefore officers may be called to attend a variety of reports that many people are not aware are a crime such as cutting back garden trees if it disturbs a nesting bird or the blocking of access to a bat roost, even if it s in the roof space of a private house. 4. Wildlife Incidents 4.1 Wildlife Crime is a crime like any other crime. All police officers will undertake investigation of wildlife incidents and crimes, however, it is acknowledged that legislation relating to wildlife and environmental crime can be complex and specialised and may require expert assistance. The policing of wildlife crime is targeted towards but not exclusive to particular priorities. These priorities are set annually on a UK basis by the Partnership for Action Against Wildlife Crime (PAW) High Level Group on recommendations from the National Wildlife Crime Unit (NWCU). Some of these priorities are decided by the conservation status of the species, however others are a response to volume crime issues, as is the case with poaching and crimes committed against badgers. (Publication Scheme) 5

6 4.2 Call Handlers should advise the caller to try to record as many details as possible about the event and not to put their own safety at risk. For wildlife incidents, initial code CR-60 should be used (disposal code is CR21). If possible a Wildlife Crime Officer in the Division should be notified if one is available. Further guidance on specific crimes can be found in the Wildlife Crime Guidance Booklet and the wildlife crime page on the force intranet (Wildlife Crime). 4.3 Wildlife Crime Officers should be notified at an early stage where it appears that the assistance of an outside agency or expert may be beneficial to an ongoing enquiry. They will provide advice and where appropriate a contact for the relevant organisation. 5. Poaching Offences 5.1 Offences and powers relating to the illegal taking or killing of game, deer and certain fish are complex. Full particulars are available in the Police Information Net for Scotland (PINS) although the following information may be of assistance. 5.2 Deer Poaching and Related Offences There are two species of deer native to Scotland, Red and Roe. There are a further two species, Sika and Fallow, which, whilst not native, can be considered as naturalised The Deer (Scotland) Act 1996 as amended by the Wildlife and Natural Environment (Scotland) Act 2011 is the principle relevant legislation. Deer poaching and suspected deer poaching are frequently reported incidents, methods of killing and taking employed by poachers being numerous, including shooting with firearms and other projectile weapons (e.g. crossbow), snaring with wire snares and coursing with dogs The most common offences committed include: Take deer during annual close season; Take, wilfully kill or injure deer without legal right or permission; Wilfully kill or injure deer other than by shooting; Take or kill deer at night; Use incorrect Firearm/Ammunition/Sight in connection with the killing or taking of deer; Use a firearm to wilfully injure a deer; and Found in possession of a deer having committed an offence The above offences may be punished by imprisonment and so a power of arrest exists. (Publication Scheme) 6

7 5.2.5 Full details of the close seasons for deer can be obtained from Scottish Natural Heritage If persons are found with a deer carcass in their possession and cannot give a reasonable explanation to the satisfaction of the Enquiry Officer, they should be arrested on suspicion of having obtained the deer illegally. The deer should be taken and retained as evidence. In most cases, the deer carcass should be photographed, bagged, tagged and submitted for postmortem (PM) examination at the local SAC Consulting veterinary practice to establish cause of death. Should a case be submitted the defence must be given the opportunity to have the carcass examined. Should they decline this opportunity guidance as to the retention or disposal of the deer should be sought from the Procurator Fiscal In cases of urgency, the Act authorises any Officer to stop and search a vehicle without warrant. Where there is less urgency a warrant should be craved. The suspects and their vehicles can be searched for evidence relating to the offence Where dogs have been involved in taking deer the dogs may be examined. It is legitimate for the dogs to be seized however this should not be undertaken lightly and a preferred option is to have them examined for traces of blood and deer hair around the muzzle and / or mud around the legs and underside. It is important that ownership of each dog is established. The dogs should be photographed (with information in the photograph identifying ownership) and if appropriate swabs taken for potential DNA analysis (mouth swabs, as used for custody DNA sampling, can be used for dog identification and swabbing of any apparent blood spots on dogs to identify quarry species) Door to door enquiry should be made at neighbouring farms, estates and rural dwellings Vehicles used in these types of crime should be searched and equipment such as slip leads for dogs, lamps, cameras and other associated equipment should be seized. As the vehicle has been involved in the commission of a crime, consideration should be given to seizing it as a production. 5.3 Hare Coursing Hare coursing is an offence covered by the Wildlife and Countryside Act 1981, as amended by the Wildlife and Natural Environment (Scotland) Act The relevant sections are S10A Intentionally or recklessly kill, injure or take an animal in Schedule 5A (brown or mountain hare) in the close season; or Section 11G Intentionally or recklessly kill, injure or take an animal in Schedule 6A (brown or mountain hare or rabbit). An attempt to commit these offences is also an offence (Section 18(1)). (Publication Scheme) 7

8 5.3.3 This crime is also covered by other legislation that makes it an offence to hunt a wild mammal (brown hare) with a dog (Protection of Wild Mammals (Scotland) Act 2002). Again, any attempt to do so is also an offence The definition of a hunt is to search for or course therefore it is not essential that a hare is even chased, caught or killed. Hare coursing is likely to occur at weekends and evenings, mostly during daylight hours although lamping does also occur. Spring and autumn are the peak seasons and it is likely to take place on flat or arable farmland and grassland without the consent of the landowner There are official close seasons because hares can lawfully be killed (not with dogs). These are as follows: Brown Hare 1 February to 30 September Mountain Hare 1 March to 31 July To prove the primary offences, the evidence of only a single witness is required. However, attempts to kill, injure or take still require corroboration. In reality it is always preferable to have corroboration The above offences may be punished by imprisonment and so a power of arrest exists The dogs used to course hares are predominantly Greyhounds or Lurchers When noting witness statements, particular attention should be made to describing the actions of the suspects and their dogs. Where available detailed descriptions of both should be obtained along with comprehensive details of any vehicles used, or suspected of being associated with them The locus should be thoroughly searched for any dead hares or rabbits and if any are recovered they should be photographed, bagged, tagged and submitted for PM examination at the local SAC Consulting veterinary practice. The locus should also be checked for signs of activity such as footprints (dog and human) and areas where an animal has been caught and killed by the dog (possible fur and blood) Door to door enquiry should be made at neighbouring farms, estates and rural dwellings Under the legislation, the suspects and their vehicles can be searched for evidence relating to the offence and the dogs examined. It is important that ownership of each dog is established. It is legitimate for the dogs to be seized however this should not be undertaken lightly and a preferred option is to have them examined for traces of blood and hare fur around the muzzle and / or mud around the legs and underside. The dogs should be photographed (with information in the photograph identifying ownership) and if appropriate swabs taken for potential DNA analysis (mouth swabs, as used for custody DNA sampling, can be used for dog identification and swabbing of any apparent blood spots on dogs to identify quarry species). (Publication Scheme) 8

9 Consideration should be given to seizing any large sums of cash on any of the suspects under POCA, as this may be associated with illegal gambling Vehicles used in these types of crime should be searched and equipment such as slip leads for dogs, lamps, cameras and other associated equipment should be seized. As the vehicle has been involved in the commission of a crime, consideration should be given to seizing it as a production. 5.4 Salmon and Freshwater Fish Poaching The legislation covering fish poaching is the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 and the term Salmon also includes Sea Trout. Freshwater fish means any fish living in freshwater other than Salmon Apart from public waters, freshwater fishing rights are private. However, some Salmon rights are heritable and may sit separate to land ownership. Where this is the case, there is an implied right of access for the purpose of exercising the salmon fishing rights Salmon fishing is controlled by District Salmon Fisheries Boards who appoint Water Bailiffs. These Bailiffs have strong legal powers and are very knowledgeable regarding poaching and their rivers Some of the main offences that relate to fish poaching are as follows: Fishing by means other than a rod and line or a net and coble; Fishing for Salmon or Sea Trout without legal right or permission; Two or more people acting together to commit the above offences (Gang Poaching - only one person need be fishing and others may be simply keeping lookout etc.); Found in possession of Salmon, Trout or instrument, explosive, poison or noxious substance; In possession of Salmon (suspected illegally taken); Fishing by net for Salmon or Sea Trout during the weekly close time ( Fri Mon 0600); Fishing by rod and line for Salmon/Sea Trout on a Sunday; Fishing for or take Salmon/Trout during the annual close season It should be noted that the annual close time can vary locally for Salmon. For Trout this is 7 October 14 March inclusive Unless a power of arrest exists (gang poaching or poisoning) the recommendation is that the enquiry officer seizes all fish and equipment and confirms the identity of the person involved. If sufficient evidence exists a report should be submitted to the PF and all items seized should be retained until proceedings are complete. If Water Bailiffs are present they may have powers of detention so seek their guidance (where poaching occurs in tidal (Publication Scheme) 9

10 waters, Marine Scotland (Compliance) should be consulted). Wherever possible, it is strongly recommended that Bailiffs are consulted and used as an expert witness resource. Bailiffs can supply opinion on the type of equipment required to fish at a particular locus for a particular species and also advice on the specific time of year that such activities should ordinarily take place. It should be noted that in cases of urgency the Act does allow Police officers to search any vehicle or building (other than a dwelling house or associated buildings). In all other case a warrant should be craved Cyanide Poisoning as a method of taking of freshwater fish is an offence (although rarely used today). The Freshwater Laboratory at Pitlochry operates a service for the analysis of fish believed to have been poisoned by cyanide. This service is free to any individual or authority in Scotland. It can be contacted at FRS Freshwater Laboratory, Faskally, Pitlochry, Perthshire PH16 5LB, telephone number Badger Crime 6.1 Every badger and every sett is protected by law (Protection of Badgers Act 1992). Nevertheless, badgers are threatened by illegal snaring, poisoning and particularly the activities of badger baiters, who dig them from their setts before taking them to fight with dogs. Baiting is extremely cruel, causing serious injuries to the dogs, as well as the deaths of many badgers. Badger baiting is highly organised and large sums of money are placed in bets. 6.2 The main offences are: Wilfully kill, injure or take a Badger (this may be digging, snaring, trapping, shooting gassing etc.); Possession or control of a dead Badger or anything derived from a dead Badger, except as permitted by or under the Act; and Interfere with a Badger sett which includes damaging or destroying a sett or any part of it, obstructing access to a sett, disturbing a badger whilst it is in a sett, causing or allowing a dog to enter a badger sett. To possessor control a live Badger or to sell one or offer one for sale It is also an offence to knowingly cause or permit any of the above offences. 6.3 These offences are punishable by a fine or imprisonment and so a power of arrest exists. 6.4 Exemptions do exist. Officers should be aware that taking a badger which has been disabled, otherwise than by that person s unlawful act, to tend it and release it when it is no longer disabled in not an offence. Similarly, killing or attempting to kill a seriously injured badger when there is no chance of recovery is exempt. (Publication Scheme) 10

11 6.5 Development along with agricultural and forestry activity often conflict with badger populations. Where there is a demonstrable case that such activity is necessary then an application can be made to Scottish Natural Heritage (SNH) for the issue of a licence. When called to incidents of this type it is important that enquiry is made with SNH to determine if any licence has been issued and what conditions pertain to it. Activity within 20m (forestry) or 30m (agriculture) can disturb a sett and a licence should be sought 6.6 A police officer with reasonable cause to suspect that a person is committing or has committed an offence under the Act may stop and search the suspect; search for, search or examine anything which that person may then be using or may have used, or may have had in his possession; seize and detain items of evidential value or items which may be forfeited under S12 (4) of the Act. For the purpose of carrying out the above, an officer may, without Warrant, enter any land other than a dwelling or lockfast place. 6.7 When noting witness statements, particular attention should be made to describing the actions of the suspects and their dogs (if applicable). Where available detailed descriptions of both should be obtained along with comprehensive details of any vehicles used, or suspected of being associated with them. 6.8 The locus should be thoroughly searched for any dead badgers and if any are recovered they should be photographed, bagged, tagged and submitted for PM examination at the local SAC Consulting veterinary practice. The locus should also be checked for signs of activity such as footprints (dog and human) and areas where an animal has been caught and killed by the dog (possible fur and blood). 6.9 Door to door enquiry should be made at neighbouring farms, estates and rural dwellings Under the legislation, the suspects and their vehicles can be searched for evidence relating to the offence and the dogs examined. It is important that ownership of each dog is established. It is legitimate for the dogs to be seized however this should not be undertaken lightly and a preferred option is to have them examined for traces of blood and badger hair around the muzzle and / or mud around the legs and underside. The dogs should be photographed (with information in the photograph identifying ownership) and if appropriate swabs taken for potential DNA analysis (mouth swabs, as used for custody DNA sampling, can be used for dog identification and swabbing of any apparent blood spots on dogs to identify quarry species) Consideration should be given to seizing any large sums of cash on any of the suspects under POCA, as this may be associated with illegal gambling Vehicles used in these types of crime should be searched and equipment such as dog collars, spades, lamps, cameras and other associated equipment should be seized. Consideration should be given to having the suspects (Publication Scheme) 11

12 vehicle taken under VRS. COPFS should be consulted ASAP for instructions regarding retention or return of the vehicle Under the Act, a badger sett is defined as any structure or place which displays signs indicating current use by a badger (e.g. hair, footprints, latrines, trails, bedding, digging etc). Current use does not necessarily mean that a badger must be living in the sett at the time of the offence. Scottish Badgers or SNH should be contacted for additional assistance about sett activity Fox snares are sometimes set where they may catch a badger. Snares that have been set may be a source of DNA of the person who set them and should be seized and sent for further forensic examination It is worth noting that persons involved in certain forms of Badger crime are likely to be violent and sufficient resources should be able to attend to be able to deal with them effectively. 7. Bird Crime 7.1 Bird Crime can take a number of forms and offences against wild birds (Wildlife and Countryside Act 1981 (as amended)) are undoubtedly some of the most common wildlife offences dealt with by the police. The main offences are: Kill or injure any wild bird; Capture or keep (alive or dead) any wild bird; Destroy or take the egg of any wild bird; Sell, or advertise for sale, any wild bird, or its eggs; and Take, damage, destroy, obstruct or interfere with the nest of any wild bird while it is in use or being built. 7.2 In addition for specifically protected birds (usually rare or threatened list available from Scottish Natural Heritage) it is also an offence to: Disturb them while they are building their nests; Disturb them while they have eggs or young; or Disturb their young before they are wholly independent. 7.3 Unlike many wild mammals, the vast majority of British wild birds are specifically protected by law but, again, large sums of money are involved and an illegal market exists. The Royal Society for the Protection of Birds (RSPB) can provide expert assistance when investigating any sort of bird crime. SNH also has species experts who will be able to provide advice. Both should be borne in mind although ultimately it is a police responsibility to investigate wildlife crime and the incident should be dealt like any other in terms of crime scene management, evidence gathering etc. (Publication Scheme) 12

13 7.4 Bird of prey (raptor) persecution is the most high profile form of crime against wild birds and can include the shooting, trapping and poisoning of birds of prey, or the intentional or reckless disturbance or interference at their nest site to prevent then nesting successfully. All raptors are protected under the Wildlife and Countryside Act, The offences are punishable by fine and / or imprisonment and therefore there is a power of arrest. 7.5 The most frequent crimes encountered with regard to raptor persecution are the shooting, trapping and poisoning of raptors. When attending the locus of a dead or injured raptor (or indeed any other animal) officers should be aware of the hazards that may be encountered. Many of the pesticide materials used to lace poisoned baits are extremely toxic. Officers should also be aware of any physical danger presented by sharp objects and traps, along with the possibility that dead or dying birds may be an infection risk. It is recommended that double disposable gloves should be worn and care taken when handling carcasses and other materials. Where possible seek guidance from a WCLO prior to attendance but this should not delay attendance. 7.6 Basic actions when investigating a raptor crime include the following: Speak to the informant and any available witnesses Get accurate coordinates for the locus whether via GPS, a nearby landmark or a positional fix on an Airwave terminal Search and secure the locus. Poison baits may be present nearby and typically these are a dead rabbit or pigeon on the ground with an open body cavity inside which the poison is found Take photographs of the bird in situ and also of the locus after removal Seize carcasses, traps, baits and any other items using standard procedures for productions. Items for DNA examination should be placed in paper bags where possible. All biological materials should initially be stored under refrigeration and advice sought before anything is frozen. Submit carcasses for x-ray examination and PM (contact the local WCLO for confirmation of local arrangements). 7.7 Please note that to catch a raptor in a legally set corvid trap would not be an offence provided the bird is not deliberately harmed and released without delay. However, on occasions live pigeons or other baits have been used to specifically capture raptors illegally. The local WCLO or SNH can provide specific advice about the use of corvid traps under the General Licence. (Publication Scheme) 13

14 7.8 There is also a trade in illegally caught wild birds, both in the UK and internationally, and with few exceptions it is an offence to be in possession of a British wild bird unless it has been bred in captivity (in which case it will wear a special ring). DNA testing can establish whether some birds of prey, reputedly bred in captivity, were in fact related to the birds which were said to be their parents. Birds of prey are particularly sought after and every year cases come to court where people are accused of taking birds and eggs from the wild. 8. Bats 8.1 All species of British Bats and their roosts are protected (European Protected Species (EPS) and included in Schedule 2 of the Conservation (Natural Habitats etc.) Regulations 1994)). The main offences are: Deliberately or recklessly capture, injure or kill a bat; Deliberately or recklessly harass a bat or disturb a bat at a roost; and Damage or destroy a roost or obstruct access (note that the word deliberately is not included and therefore there is no requirement to prove intent). 8.2 These offences are punishable by a fine or imprisonment and so a power of arrest exists. 8.3 Most bat incidents are likely to originate from the following activities: Roof repairs (including chemical treatments); Structural alterations to buildings; Bat disturbance by householders, normally arising from fear, ignorance or on occasions hostility to bats; and Tree felling. 8.4 Scottish Natural Heritage holds records of Bat roosts and should always be contacted in connection with any enquiry. It will be able to provide information about possible Derogation Licences that may have been issued and also expertise on bat activity. In addition, SNH offer the services of a licensed Bat worker to assist Police with scene examination. Alternatively, The Bat Conservation Trust can also offer expert assistance. 8.5 Where there is reasonable cause to suspect an offence, Police have powers to enter onto land without a warrant, however entry to dwellings or lockfast places requires a warrant. An officer who has reasonable cause to suspect a person is committing or has committed an offence can stop and search that person or examine any relevant thing in his possession and seize it. (Publication Scheme) 14

15 9. The International Trade in Endangered Species 9.1 The British Government is a signatory to the Convention on International Trade in Endangered Species (CITES) which regulates the legal trade in species of birds, animals and plants whose wild populations are threatened. The International trade hastens the extinction of these species in the wild and, in some cases, is the principal threat to their survival. Some of the world's best-known animals are among the most endangered. The very rarity of these and other endangered species inflates their value and means that large sums of money can be made by successful poachers and illicit economies. 9.2 CITES places endangered species in one of three Appendices: Appendix 1 Species seriously threatened with extinction. Trade only permitted in exceptional circumstances. Appendix 2 Species that are not necessarily threatened with extinction but numbers may be affected by international trade Appendix 3 Species which are protected in at least one country and for which co-operation of other countries is needed to control trade. 9.3 The Control of Trade in Endangered Species (Enforcement) Regulations 1997 (CITES) creates offences and allows CITES legislation to be enforced within the UK. There is a custodial sentence available and therefore a power of arrest. 9.4 The Animal and Plant Health Agency (APHA) is the UK CITES Management Authority and ensures the Convention is properly implemented within the UK. The UK Border Force and Police enforce the CITES legislation at the border and within the UK. 9.5 As this is a specialist area advice should be sought from a WCLO, the NWCU, UK Border Force or APHA (wildlife.licensing@apha.gsi.gov.uk). COPFS WECU also has specialist knowledge in this area. 10. Snares 10.1 Snaring is an effective method of fox and rabbit control. It is subject to many legal restrictions and when conducted in a legal manner it is an effective and humane form of control The Wildlife and Natural Environment Act, (Scotland) 2011 is specific about the identification of snares. All snares must carry an identification tag and snare operators who have been accredited must apply to the police for a snaring identification number before setting any snare. Forms to apply for an ID number are available from a number of sources including the Scottish Government website, BASC website and Police Scotland website. The Chief Constable: (Publication Scheme) 15

16 on receipt of an appropriate application from any person for an identification number for the purpose of setting snares in position in the Chief Constable s police area; and on being satisfied that the applicant has been trained to set a snare in position Must grant the application and issue the applicant with an identification number Any person who fails to comply with the above requirements is guilty of an offence Any person who: has an identification number and sets in position or otherwise uses a snare; but fails to fit a tag to the snare displaying the operator s identification number, is guilty of an offence The Snare Operator Registry is held at the Licensing Department, Dalmarnock, Glasgow Action to take at snaring incidents: Where there is reasonable suspicion an offence has taken place Police have powers to enter onto land without Warrant, however, entry to dwellings or lockfast places requires a Warrant. The police may also be accompanied by any other person and may take required equipment on to the land (S19 Wildlife and Countryside Act, 1981). Snaring offences can on conviction attract a custodial sentence and therefore there is a power of arrest available. Incidents should be dealt with like any other crime and officers should be methodical and mindful of the requirement for corroboration along with the possibilities for DNA examination. Any ID number on the snare should be noted and accurate positions should be taken using GPS where available. Snares should be photographed in situ if possible and include an object of known size in the photograph. Incidents should be tagged for the WCLO who may be able to offer guidance. Scenes of Crime Officers may also be in a position to offer assistance. If a dead animal is found in a snare it should be submitted to SAC Consultancy veterinary services for PM. The snare should be left attached to the animal. Dead animals or remains should be refrigerated prior to PM, rather than frozen. If a live animal is found in a snare consult a vet or the SSPCA regarding release or humane destruction. (Publication Scheme) 16

17 11. General Licences 11.1 General licences are issued by Scottish Natural Heritage and permit 'authorised persons' to carry out actions that would otherwise be illegal. They cover certain types of activity relating to birds, such as preserving public health or air safety, and preventing the spread of disease. General licences cover situations that are regarded as relatively commonplace and where there is unlikely to be any great conservation impact. General licences are still subject to strict conditions, and abuse of them or failure to comply with the conditions could constitute an offence. The full details of the licences can be found by contacting Scottish Natural Heritage. However, if a person wishes to use a Larsen Trap or Crow Cage Trap under licence they must ensure that the trap displays an identification number obtained from the Police. In all cases any enquiries concerning the identification process should be directed to the Divisional Wildlife Crime Liaison Officer. 12. Police Powers under the Wildlife and Countryside Act The Wildlife and Countryside Act 1981, is the most widely-used piece of legislation. The following key aspects relate to Police Powers without a warrant: 12.2 Section 19(1) Police Powers of Arrest, Search and Seizure without a Warrant If a constable suspects with reasonable cause that any person is committing or has committed an offence under Part 1 of the Act, the constable may, without warrant: Stop and search that person if the constable suspects that evidence of the commission of the offence is to be found on that person; Search for, search or examine anything which that person may then be using or may have used, or may have or may have had in his possession if the constable suspects with reasonable cause that evidence of the commission of the offence is to be found in or on that thing; Arrest that person; and Seize and detain for the purpose of proceedings anything which may be evidence of the commission of the offence Section 19 (2) Power to Search Land without a Warrant If a constable suspects with reasonable cause that any person is committing or has committed an offence under this Part, he may, the purpose of exercising the powers conferred by subsection (1), enter any land other than a dwelling or lockfast premises. (Publication Scheme) 17

18 12.4 Section 19 (3) Search Under Warrant On occasions, where reasonable grounds exist for suspecting that an offence has been committed and that evidence may be found on any premises, officers may seek to obtain a search warrant in terms of Section 19 (3) of the above Act. A standard format for such warrants has been agreed with the Crown Agent and can be obtained from the Wildlife Crime Co-ordinator or any local Wildlife Crime Liaison Officer Where a constable enters any land under a power conferred by Section 19 of the Act he may under subsection (6) be accompanied by any other persons. This allows the Police to be accompanied by persons from organisations such as RSPB, SSPCA, SNH etc. who can advise or assist with specialist knowledge It is essential that the Police are seen to lead any search under this legislation. 13. Specialist Services 13.1 Much of the forensic, chemistry and pathology expertise required in wildlife investigations is funded by Scottish Government. Normal forensic procedures should be followed at all times in order to preserve potential evidence. Wildlife Crime Officers will be able to provide advice about best practice Science and Advice for Scottish Agriculture (SASA) SASA can provide a number of services under the Wildlife Incident Investigation Scheme (WIIS). In cases of suspected poisoning or illegal gassing early contact should be made with SASA as post incident time may be critical in preserving samples for analysis SASA can also assist with animal DNA analysis. Blood, hair, tissue, saliva etc. can all be used to identify species, sex or in certain cases even individual matching. Early contact is essential (wildlifeforensics@sasa.gsi.gov.uk) Veterinary Pathology A number of organisations offer veterinary pathology services to the police in cases of unexplained death or injury to animals and birds SAC Consulting Veterinary Services (part of SRUC). This is a free service funded by Scottish Government. Offices are currently located at: Aberdeen, Ayr, Dumfries, Edinburgh, Inverness, Perth, St Boswells and Thurso Other services are offered by the following: Glasgow University Veterinary School (Pathology); Edinburgh University Veterinary School (Pathology) (Publication Scheme) 18

19 13.4 Storage Handling and storage is important and therefore where possible carcasses should be stored in refrigerated conditions. Some larger carcasses may prove difficult to store and in these cases it may be that a cool outbuilding is suitable if the carcass is submitted within 24 hours in summer or 48 hours in winter. Where this is not possible, the carcass should be preserved in a freezer although this will not allow as comprehensive a post-mortem examination. Early contact should always be made with the pathologist to ensure the best course of action. 14. Wildlife Crime Coordination 14.1 Strategic / Tactical Lead The National Portfolio Lead sits at Detective Chief Superintendent level in the Specialist Crime Division. This is not a full time role, but is part of a broader role function and maintains oversight of strategic developments/requirements relating to the wildlife crime area of business Wildlife Crime Coordinator To ensure a coordinated corporate approach across the Service, a full-time Sergeant post within the Specialist Crime Division exists as Wildlife Crime Coordinator (WCC). This post has responsibility for national policy, performance, training and tasking. The role supports the national Portfolio Lead but does not line manage the Wildlife Crime Liaison Officers/ Wildlife Crime Officers Wildlife Crime Liaison Officers Each of the 13 Divisions across Police Scotland has a post entitled 'Wildlife Crime Liaison Officer' (WCLO). The WCLO is managed locally within each of the 13 Divisions and has responsibility for coordinating local operational activity and acting as a local single point of contact for partners. A number, but not all, of these roles are full-time Wildlife Crime Officers Wildlife Crime Officers (WCOs) have received some training in wildlife crime legislation and act as a local point of contact for fellow officers and staff requiring specialist advice. These roles are part-time and are undertaken in addition to normal duties. (Publication Scheme) 19

20 14.5 WCLO and WCO Requirements The basic requirements of a WCLO and WCO are: Sound operational experience; Good oral and communication skills; Self-motivation, ability to work with minimum supervision; and Knowledge or keen interest in wildlife or environmental issues Both WCLOs and WCOs are accountable to their respective Local Area Commander. However, WCLOs should also ensure that the Wildlife Crime Coordinator is updated in relation to wildlife or environmental incidents occurring in their area WCC Responsibility The Wildlife Crime Coordinator (WCC) will have responsibility for: Policy coordination and dissemination of advice, support and guidance to officers; Acting as a point of contact between the Police Service of Scotland and relevant statutory, professional and voluntary bodies; Representing the Service at wildlife-related forums and at the Scottish Wildlife Crime Tasking and Coordinating Group; Providing advice on wildlife incidents and crimes; Developing and promoting preventative strategies and educational; initiatives through the National Intelligence Model(NIM); Ensuring the Service is represented to ensure its interests are protected; and Promoting awareness of wildlife and environmental crime internally and externally WCLO AND WCO Responsibilities WCLOs and WCOs will have responsibility for: Local liaison with the relevant voluntary, professional and statutory agencies; Developing and maintaining a high standard of knowledge of wildlife incidents and crimes, and the relevant legislation; Providing advice on wildlife incidents and crimes to officers and relevant outside agencies locally as required; Investigating or assisting with investigations of wildlife incidents and crimes; (Publication Scheme) 20

21 Developing an awareness of criminal activity in this field and assisting in the prompt circulation of intelligence; Promoting awareness of wildlife and environmental crime both within and locally out with the police service; and Provision of presentations and talks for police officers, local outside agencies and other interested parties WCLOs and WCOs do not generally deal with: Stray dogs (local authority), Dangerous Dogs, Licensing of dangerous wild animals (local authority), Livestock Injured domestic birds or animals (SSPCA), or Young birds which have fallen from nests (SSPCA). 15. National Wildlife Crime Unit 15.1 The NWCU is a police led centrally funded unit. The NWCU contributes to the prevention and detection of crime by supporting UK wildlife crime enforcement. It does this by providing a centralised capacity for intelligence collection and analysis and the delivery of professional practice in relation to wildlife crime. The NWCU is the conduit between all agencies that have an interest in dealing with wildlife crime (e.g. RSPB / TRAFFIC etc.), have a legal obligation to deal with wildlife crime (e.g. Police / HMRC / COPFS), hold information relating to wildlife crime (e.g. DEFRA, SNH) or have resources available to deal with any identified criminality Further information and contact details for the NWCU can be found on their website Wildlife Incident and Crime Recording 16.1 Scottish Crime Recording Standard Wildlife incidents and crimes are recordable in adherence to the Scottish Crime Recording Standard, which applies equally to these crimes as any other, therefore, the same level of investigation, recording and reporting will apply to wildlife crime as it does any other crime of a similar character Reporting Wildlife Crimes to the Procurator Fiscal Crimes reported to the Crown Office and Procurator Fiscal Service (COPFS) should be marked for the attention of the Wildlife and Environmental Crime Unit (WECU) - WECU@copfs.gsi.gov.uk. (Publication Scheme) 21

22 17. Intelligence 17.1 All wildlife crime related incidents or crimes should generate a Scottish Intelligence Database (SID) log. All SID logs should contain within the heading the word WILDLIFE. This allows for the NWCU analysts to search SID for wildlife crime related intelligence. 18. Training and Awareness 18.1 Accredited Courses There is currently a one day training course available to all police officers held at the Scottish Police College as part of the Continuous Professional Development Programme (CPDP) Informal Training On a more informal and practical basis there is occasionally one day training in deer and firearms issues with the British Deer Society. There are training opportunities available through the Bat Conservation Trust on bat crime, visiting a bat roost and familiarisation with bats, as well as similar training provided by Scottish Badgers. Additionally, there are occasional training days on practical training organised by Scottish Gamekeepers Association and the British Association for Shooting and Conservation on traps and snares. These will be run in the Borders, Perthshire and Inverness-shire to give WCOs a chance of attending locally Partnership for Action against Wildlife Crime in Scotland (PAWS) Training courses are part of the PAWS Training & Awareness strategy which tries to augment class-based training with practical training. As other training needs are identified these will be advertised and made available to staff Local Training The WCC, WCLOs or WCOs can all provide local training to police officers and staff where appropriate, including inputs to probationer officers. 19. Health and Safety 19.1 Occupational Hazards It is important for all staff to be aware of the hazards to themselves and others when dealing with wildlife incidents. In addition to the risk of potential violence, typical hazards could include: Traps which are seen or unseen, Poisons used on baits are stored in unsuitable containers, Infectious diseases, (Publication Scheme) 22

23 Animal scratches and bites, or Hazards due to the environment Officers should understand the need for appropriate risk assessment of any incident and the use of protective clothing and equipment, even when dealing with what outwardly seems the most straightforward of incidents. For further information please see the Use of Force SOP National Generic Risk Assessment Reference should always be made to the National Generic Risk Assessment for Wildlife Crime Officers; however a Site or Incident Specific Risk Assessment should also be carried out where applicable. Additional advice and guidance can be provided by the Service Health & Safety Advisor. 20. Diversity 20.1 Additional Information concerning religion/belief or cultural considerations in relation to wildlife crime can be found within the Diversity Booklet: A Practical Guide. If specific one to one advice is sought regarding the topic consider using the services detailed in the Lay/Community Advisors SOP. If Interpreting or Translation services are required please refer to the Interpreting and Translating Services SOP. (Publication Scheme) 23

24 Appendix A List of Associated Legislation The Wildlife & Countryside Act 1981; The Protection of Badgers Act 1992; The Conservation (Natural Habitats Etc.) Regulations 1994; The Wild Mammals (Protection) Act 1996; The Protection of Wild Mammals (Scotland) Act 2002; The Nature Conservation (Scotland) Act 2004; The Animal Health and Welfare (Scotland) Act 2006; The Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003; The Deer (Scotland) Act 1996; The Marine (Scotland) Act 2010; Health and Safety at Work etc. Act 1974; Management of Health and Safety at Work Regulations 1999 The Control of Trade in Endangered Species (Enforcement) Regulations 1997 Wildlife and Natural Environment (Scotland) Act 2011 (Publication Scheme) 24

25 Appendix B List of Associated Reference Documents Diversity Booklet: A Practical Guide Interpreting and Translating Services SOP Lay/Community Advisors SOP Use of Force SOP Wildlife Crime Generic Risk Assessment Wildlife Crime Guidance booklet (Publication Scheme) 25