Malt 379 Posted February 25, 2010 Report Share Posted February 25, 2010 If they take him to court and try to charge him with poaching (Trespass in pursuit of game) tell him to have a quiet word with his solicitor. Rabbits are not game, but covered under a different act, trespass in pursuit of coney, which I believe is not quite as serious. I'm not sure if he could be prosecuted under the hunting act, is it written into the act itself that you have to have permission for the exemptions (rats & rabbits) to apply? Quote Link to post
waidmann 105 Posted February 25, 2010 Report Share Posted February 25, 2010 if you do not have permission(reasonable grounds) for killing anything you are breaking the law. Quote Link to post
oohmydog 82 Posted February 25, 2010 Report Share Posted February 25, 2010 Rabbits ARE legal but you DO need permission from the landowner. You say the quarry isnt owned by anyone but im pretty sure it IS owned by someone, maybe the local council, maybe "the people" as all land is owned by SOMEONE. Hunting without permission is poaching, simples. The only thing you can argue as far as i can see is that he was just walking the dogs and they happened to either catch or better still just find the rabbits already dead. If it was just one rabbit i would if said they disturbed a fox just after a catch but that aint gonna happen 4 - 5 times in one walk! Lol! Shame to leave um being that were in the middle of a credit crunch so he took um home. Now...............if the dogs happened to of caught the rabbits they must of been off their leads and that in the eyes of the law means they were out of control so best say they just found them. I wish you all the best with it mate. Let us know how it goes. i got taken to court 5 times by tilcon quarries the police charged me with taking ground game (conies) without the land owners permission the fine goes up every time they summons you 25yrs ago it started at £20 plus cost it was all part of the game we used to catch hundreds of rabbits sell them for a pound (dressed) i made more money then than i do now,if they think you are breaking a 100yr law these days they take your vehicle of you how times have changed Quote Link to post
waidmann 105 Posted February 25, 2010 Report Share Posted February 25, 2010 pathetic really,rapists and muggers get off lighter. Quote Link to post
shaun dee 7 Posted February 25, 2010 Author Report Share Posted February 25, 2010 if they did not "pick him up" at the quarry how can they know where he got them?( the fact that he was at the quarry cannot be taken as fact that he "poached" them there,if he had no permision to be there thats what it is) and so not being able to say where he got them,no one(a specific land owner) can prosecute him for poaching. they can do him for killing the rabbits without reasonable grounds,but i wouln't tell them that good luck. [/quote hi waidmann there is cso's (community support officers)that walk arround the quarry for people on motorbikes and they must of radio'd in to the depo at the school that he was carrying the rabbits or they might of seen the dogs chasing (but the brother said they coudnt of seen the chase as they were all in bush)but thats where the police hide for the bikes going past. for the officers to meet him at the house. Quote Link to post
waidmann 105 Posted February 25, 2010 Report Share Posted February 25, 2010 i'm better with european law to be honest bud, common sense tells me that they can't lift him for poaching in the quarry unless it is beyond doubt that it was him that they saw there(and that they saw him pick the quarry up there).which would be very difficult to do(as anyone who has done any kind of surveilance work will appreciate). it needs to be proven,not just supposed that he got them there( not on the other side of the hedge,from the butchers or from the guy next door after walking the dogs) otherwise they will have trouble with the cps ( witness/proof etc). it may be worth asking them why they THINK it was him they saw?(good description from a reasonable distance) and why they THINK he got those rabbits there in the first place? if there are holes in what they saw/witnessed then it will fall through. don't get smarmy with them just ask politley. worth a go anyway Quote Link to post
Edd_Wiltshire 9 Posted February 25, 2010 Report Share Posted February 25, 2010 My mate got stopped in the week, 1 copper and 2 pcso's/junior copper types. Think the guy was just showing off, kept asking if my mate thought that rabbits were legal etc etc. Anyway after keeping them there for almost an hour they let him go, low and behold the next day the copper called him up and apologised for not knowing the law! i would of feinted! As far as coppers go, 95% of them have no knowledge. Grinds my gears, where are they when quads go missing? Your car gets broken into? Deception criminals target old ladies? P*ssing around outside the local kebab shop stopping chavs from scrapping and busy bothering motorists, thats where. Quote Link to post
wirral countryman 2,110 Posted February 25, 2010 Report Share Posted February 25, 2010 I was stopped lots of times in the past due to my local keeper hating anyone with a lurcher or terrier,they will accuse you of everything they can,remain calm ,admit nothing and they'll let you go most of the time,if you were'nt arrested at the quarry with the rabbits on you they have'nt got a leg to stand on,deny everything and make them produce evidence to the contrary,you could of met a mate up the quarry that gave you them rabbits,found them or even run over by a car.community support officer's have no power of arrest other than citizen's,which you or I have,every body's word has the same wieght in court no matter who or what you are.Don't antagonise them when or if they come back just ask what proof or evidence they have other than hearsay,just make out lots of people round here don't like us and are constantly making things up,if you still have the rabbits ,get rid quick,unless the copper's really want you for annoying everyone on your motorbike it should go away,remember most people hang themselves by their own statement,good luck,yis wirralman Quote Link to post
budharley 945 Posted February 25, 2010 Report Share Posted February 25, 2010 quote: remember most people hang themselves by their own statement,good luck,yis wirralman yeah like me i was lamping bit of rough ground left my car parked behind a mound of mud in a dead end and went lamping. when i got back i hadnt seen the police pull up behind my car they could obv see my lamp when i finished and went back i got over the mound i was suprised to see a copper stood by my car he said what you doing i said just after a few rabbits ne way he just says ok just wondered why this car was parked here and a light flashing round i said nowt else said Quote Link to post
whippet 99 2,613 Posted February 25, 2010 Report Share Posted February 25, 2010 the quarry will be owned by someone and they will find out who and then probably try doing your brother for poaching nobody owns quarry , otherwise youy could do what you want when you want Quote Link to post
steveS.Yorks 161 Posted February 25, 2010 Report Share Posted February 25, 2010 Our local council has a by law banning hunting on council land [well they would have being labour tree hugging muzz loving scum] Although people have been caught as far as i know nobody has been prosecuted,tell your brother to be polite act daft and say as little as possible,most people hang themselves if theres no hard evidence no matter what the crime. Quote Link to post
Born Hunter 17,763 Posted February 25, 2010 Report Share Posted February 25, 2010 the quarry will be owned by someone and they will find out who and then probably try doing your brother for poaching nobody owns quarry , otherwise youy could do what you want when you want The quarry belonged to whos ever land it was killed on. If i found a hare in a field it belongs to the owner of that field. Quote Link to post
whippet 99 2,613 Posted February 25, 2010 Report Share Posted February 25, 2010 the quarry will be owned by someone and they will find out who and then probably try doing your brother for poaching nobody owns quarry , otherwise youy could do what you want when you want The quarry belonged to whos ever land it was killed on. If i found a hare in a field it belongs to the owner of that field. so if some one had the shooting rights for deer , they arent aloud to shoot the deer on my land , thats my deer , until it jumps the hedge Quote Link to post
hogs head 19 Posted February 25, 2010 Report Share Posted February 25, 2010 fook the pigs[cop,s] they though your brother seen them :wankerzo4: each other wat were they up ther for :wankerzo4: :wankerzo4: Quote Link to post
whippet 99 2,613 Posted February 25, 2010 Report Share Posted February 25, 2010 (edited) :icon_redface:who owns it on national; trust land - labour and is it the same for when you shoot a pheasant on your own ground , and it drops dead on my side of property. who does it belong to because you killed it on your land but its landed dead on my land. using as an example. owning wild animals- hope all those pheasants dont feed in my field again , other wise the shoot next door will be shooting crows Edited February 25, 2010 by whippet 99 Quote Link to post
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