rights of gamekeepers

[Guest tewkesferreter]

what rights do gamekeepers or farmers have if your tresspassing/poaching on there land,can you be detained,can they confiscate anything apart from game taken on there land,shoot your dog if its under control. im getting mixed messages of people i know about all of the above,cheers?

[ferret boy charlie 0]

look on my post shooting dogs theres some info on there ......

[andy s410c 59]

In the bad old days the 's as a teenager if you were caught on the local estate the tales would vary anything from a clip round the lug to a confiscation of all ferreting gear & ferrets.Think the days of giving a dog both barrels are long gone unless it's attacking livestock or people.

Ferreting without permission is a nightmare when you get your collar felt,the couple of times it's happended to me iv'e managed to talk the landowner round to letting me get off the land with me ferts but that was a very long time ago i would'nt do it now tho.....

[Matt 160]

This might be useful:

 

Taken from 'Fair Game' by Charlie Parkes & John Thornley

 

Under Section 2 of the Night Poaching Act 1828, anyone forun committing night poaching offences may be arrested by the owner or occupier or their gamekeepers or servants or persons assisting them on the land or adjoining highway, road or path.

 

Anyone arrested should be delivered to a police officer as soon as possible.

 

Under Section 36 of the Game Act 1831, where a poacher is found on any land during the day or night in search or pursuit of game and is in the possession of recently killed game, the following may demand that the game be immediately handed over and, if this demand is refused, it may be taken from the poacher by:

 

• Anyone having the right to kill game on the land
  
• The occupier of the land, even if he does not have the right to kill the game
  
• Any gamekeeper or servant employed by the above
  
• Anyone assisting or acting on behalf of any of the above
  

There is no legal right to search a poacher or his belongings. Only the police are empowered to search poachers in these curcumstances. There is no power to seize ferrets.

 

Under the Game Laws (Amendment) Act 1960, Section 4, where a poacher is arrested by a person in the presence of a police officer for day or night poaching offences in accordance with the Police and Criminal Evidence Act 1984, he may search him and seize and detain any game or rabbits or any gun, part of a gun or cartridges or other ammunition or nets, traps, snares or other devices used for killing or taking game or rabbits found in his possession.

 

 

I think it is more important NOT to poach. There is no need for it, as rabbits are pests, and most landowners are grateful for someone to control the rabbits on their land.

 

Fair Game (ISBN 0 7207 2065 6)is a cracking book and gives lots of information to help you stay on the right side of the law. A useful addition to anyone's bookshelf.

[Guest tewkesferreter]

do they actually have the right to confiscate then,i thought it was only tho old bill that could. i wouldnt be handing anything over either way but just wondered were i stood with the law?

[stubby 175]

well, from reading what matt has put up, they dont have the right, but if with a police officer, then they can,

[Guest tewkesferreter]

cheers for that,very imformative. i know what youre saying about poaching but i think if i ask for permission and get refused then ive let my presence be known,whereas if i wait till i get caught then i can act dumb(wont take much)and plead ignorance.

[The one 8,463]

No danger should they shoot a dog they would lose there certificates

And if they take nets etc thats theft unless they take them straight to the police

what ive found out is if a keeper see's you he/she will phone the police and just observe you till they arrive then give a statement to them

[Guest tewkesferreter]

that seems logical,cant see why theyd get involved if legally they cant do anything.

[stubby 175]

that seems logical,cant see why theyd get involved if legally they cant do anything.

 

well yes, legally they can do something, read that bit again, gun laws act 1960, if they were to observe you, call the police and then arrest you in police presence, they could take your gear

[hillkeeper101 0]

just dont bloody do it and you wont have to find out !!!!

[Corky(amateur) 0]

interesting post....... cant say i havent done it before but its certainly not advised....

[Malt 379]

Informative post Matt mate, but I do believe that rabbits are not covered by that act, as they are not classed as game.

 

I seem to remember a post on here somewhere a good while ago, where the poster was arrested under that act, but when it went to court it was found out that that law doesn't apply to rabbits.

 

However...

 

The same person was then convicted under a different law, 'Trespass, in pursuit of Coney,' & then fined all the same. I could be wrong however, like I say I'm only going on the memory of an old post post, but it does seem plausible...

[bill88 6]

The landowner or gamekeeper have no more rights than any other member of the public and there is no trespass law in England,but you could be charged with causing damage by trespass however if you had broken or damaged a fence for example.The gamekeeper could make a citizens arrest but if he held you against your will he would be committing an offence himself (false imprisonment) and should he cause you injury whilst trying to aprehend you he could also be charged with various assault charges.

Best advice is get some permission or learn to run faster

[Guest tewkesferreter]

thats the thing though,i dont really see myself as a poacher as im only taking rabbits,i know in the laws eyes im poaching but to me at worst im tresspassing.