Rights of the RSPCA to free snared foxes

[bignoel 14]

on private land [ trespass ] workman had no right to invite them on to land which is not theres perfectly legal snare .seems the GREAT RSPCA need a reminder they are not the law .only time they can enter land is with a court order accompanied by police .RSPCA have no leagal rights as they are a charity group doing charity work , GET ON THERE CASE criminal damage to snare willfull trespass theft.atb noel

[J Darcy 5,871]

But if the snare wasnt removed it wouldnt be......I dont hink...

 

its not the theft of the snare its the theft of and interfearence with the animal caught in a trap/snare that is set legally , basically its to stop people interfearing , same rule applies to releasing birds from larson traps, bin there, got the tee shirt

 

Im not saying your not right mate, BUT how can someone releasing a fox be done for theft. NO ONE owns the fox. Its a wild animal. its impossible to steal a wild animal surely?

personally i doubt if it would stand up in a court of law.

 

 

If the builders could see the fox then the lads should have been able to see the site the builders were on and not snared within eye-shot.....

 

But, we have all been young and perhaps not always thought about the consequences of our actions......

 

 

personally, i would treat it as a learning curve... and a close shave....JD

[Guest MickyB]

But if the snare wasnt removed it wouldnt be......I dont hink...

 

its not the theft of the snare its the theft of and interfearence with the animal caught in a trap/snare that is set legally , basically its to stop people interfearing , same rule applies to releasing birds from larson traps, bin there, got the tee shirt

 

Im not saying your not right mate, BUT how can someone releasing a fox be done for theft. NO ONE owns the fox. Its a wild animal. its impossible to steal a wild animal surely?

personally i doubt if it would stand up in a court of law.

 

 

If the builders could see the fox then the lads should have been able to see the site the builders were on and not snared within eye-shot.....

 

But, we have all been young and perhaps not always thought about the consequences of our actions......

 

 

personally, i would treat it as a learning curve... and a close shave....JD

 

Damage, interferance or obstruction of a legally set snare will come under Criminal Damage. Basically the RSPA broke the law on two counts

[moley 115]

But if the snare wasnt removed it wouldnt be......I dont hink...

 

its not the theft of the snare its the theft of and interfearence with the animal caught in a trap/snare that is set legally , basically its to stop people interfearing , same rule applies to releasing birds from larson traps, bin there, got the tee shirt

 

Im not saying your not right mate, BUT how can someone releasing a fox be done for theft. NO ONE owns the fox. Its a wild animal. its impossible to steal a wild animal surely?

personally i doubt if it would stand up in a court of law.

 

 

If the builders could see the fox then the lads should have been able to see the site the builders were on and not snared within eye-shot.....

 

But, we have all been young and perhaps not always thought about the consequences of our actions......

 

 

personally, i would treat it as a learning curve... and a close shave....JD

 

not sure about who owns wild animals , i suppose that if you cannot own a wild animal , you cannot be done for poaching a deer or phesant as its a wild animal/bird or is it classed as game so it can be owned , dunno and i get your point , however , releasing a fox from a snare comes under the theft act , tresspass of goods , so prehaps once an animal is caught in a legally set trap/snare , you own it , i,m sure one of the lads on here can find the exact bit of the law

[comanche 3,077]

interference with property is crime or at very least a Tort . hence RSPCA had no right to touch a legally set snare . A possible defence -quite reasonably -would have been that the fox was foul caught by a leg or suchlike . The Wild mammals protection Act does recognise that a possible degree of suffering may be unavoidably involved in legitimate pest control so providing the snare was legally set and checked and fox was fairly caught the RSPCA had no real legal cause to interfere . A better course would have been to check via the landowner who had set the snare and liased with them after explaining that there had been a report . As to ownership of a wild animal . Once(legally) restrained ,trapped or caged it becomes the property and legal responsibility of the captor. Certainly the captor has a prior claim on it . Imagine if fox skins were valuable . The RSPCA action could have cost the snarers part of their income !

At the end of the day the inspectors were responding to a call from the public to what probably appeared a dire situation and thinking on their feet acted as best they could in a hurry .

[moley 115]

interference with property is crime or at very least a Tort . hence RSPCA had no right to touch a legally set snare . A possible defence -quite reasonably -would have been that the fox was foul caught by a leg or suchlike . The Wild mammals protection Act does recognise that a possible degree of suffering may be unavoidably involved in legitimate pest control so providing the snare was legally set and checked and fox was fairly caught the RSPCA had no real legal cause to interfere . A better course would have been to check via the landowner who had set the snare and liased with them after explaining that there had been a report . As to ownership of a wild animal . Once(legally) restrained ,trapped or caged it becomes the property and legal responsibility of the captor. Certainly the captor has a prior claim on it . Imagine if fox skins were valuable . The RSPCA action could have cost the snarers part of their income !

At the end of the day the inspectors were responding to a call from the public to what probably appeared a dire situation and thinking on their feet acted as best they could in a hurry .

 

 

thats what i meant ,cheers comanche