WILDLIFE CRIME IN A report on the scale of wildlife crime in England and Wales.

Transcription

1 WILDLIFE CRIME IN 217 A report on the scae of widife crime in Engand and Waes

2 EXECUTIVE SUMMARY Widife and Countryside Link is a coaition of non-governmenta organisations (NGOs) concerned with widife and andscape protection. As a coaition we are concerned that eves of widife crime in Engand and Waes are not recorded or reported upon in the same manner as in Scotand. The UK governments have identified a number of widife crime priorities but are unabe to produce information on the prevaence of offending or the ocation of hotspots. Additionay, trends in criminaity cannot be identified. In this, our second annua widife crime report, some of our members have provided information that seeks to provide an overview of widife crime in Engand and Waes. We consider the number of incidents, occurring in 217 known to each contributor, the number of cases referred to the poice, and the number of prosecutions and convictions that took pace in that year. We consider what might be driving offending in such areas and identify highights and disappointments. The use of the internet to commit or faciitate widife crime is identified as a probem of particuar concern. In many of the areas we report upon we find simiar issues being identified. This report makes a number of recommendations that wi address those probems. CONTENTS Introduction... 1 Widife crime report 216 revisited... 2 Amphibian and Reptie Crime... 3 Badger Crime... 5 Bat Crime... 8 Fisheries crime Iega Widife Trade Marine Mamma Crime Raptor Crime..., The Trapping of Wid Birds..., Concusions and Recommendations...,... 24

3 INTRODUCTION Widife and Countryside Link (Link) is the argest environment and widife coaition in Engand, bringing together 49 organisations to use their strong joint voice for the protection of nature. Our members campaign to conserve, enhance and access our andscapes, animas, pants, habitats, rivers and seas. Together we have the support of over eight miion peope in the UK and directy protect over 75, hectares of and and 8 mies of coastine. In 211, provisions of the Widife and Natura Environment (Scotand) Act amended the Widife and Countryside Act and paced a duty on Scottish ministers to produce an annua widife crime report. The first such report covered offences reported in 212. Esewhere in the United Kingdom, there are no statutory obigations to produce an annua widife crime report with itte apparent appetite from authorities to produce one. Given the compications associated with the recording of widife crime it is difficut, at present, to envisage how the poice, statutory nature conservation organisations, or government might produce such a report. The recording of widife crime has been the subject of a separate report from Link. 1 In 22, the Joint Nature Conservation Committee at the request of the poice identified widife crime conservation priorities based on the species where conservation status is being affected, in part, by iega activity. The current priorities are bats, freshwater pear musses, raptor persecution and the iega trade in endangered species and these priorities are reviewed biannuay. Further to this, the Nationa Widife Crime Unit has identified, on the basis of inteigence anaysis, badger persecution and poaching (in particuar poaching of deer, fish and hare) as poice widife crime priorities. Some NGOs produce annua crime reports reating to their specific area of interest. RSPB has for many years produced an annua Bird crime report and Bat Conservation Trust produces a report on Bat crime. In the absence of an officia widife crime report produced by statutory authorities, Link members have produced this report on widife crime that came to our notice in 217. This is the second such report and it remains our intention to produce them towards the end of every year. This report focusses, in the main, on widife crime where the investigative responsibiity fas to the poice and, in reation to the iega trade in endangered species where offences under the Customs and Excise Management Act are identified, Border Force. However, there are other agencies and organisations which have an enforcement roe. This report does not purport to provide a compete overview of widife crime in the UK. There are other types of widife crime, such as hare coursing, that are addressed by organisations who are not members of Widife and Countryside Link. This report incudes contributions in reation to some types of widife crime that were not incuded in the 216 edition. We hope that in future years the scope might be further expanded. This report reates ony to Engand and Waes. The foowing sections incude data on: amphibian crime, badger crime, bat crime, fisheries crime, iega widife trade, marine mamma crime, raptor persecution, reptie crime and trapping of wid birds. Information used to produce this report comes from data gathered by conservation NGOs therefore it is unikey to encompass the fu extent of widife crime in Engand and Waes. For each section, we detai the egisation and species invoved, the possibe drivers of the crime, the extent of recorded crime, 2 where known recent chaenges and highights with enforcing/prosecuting offences, and recommendations going forward. Widife Crime in 217 1

4 ANNUAL WILDLIFE CRIME REPORT 216 REVISITED Our first report reeased earier this year covering crimes reported in 216 received a great dea of interest from media, conservationists, enforcers, prosecutors and the pubic generay. We are very peased to report that there has aready been some progress towards impementation of our recommendations : The Nationa Poice Chiefs Counci and the Association of Poice and Crime Commissioners have adopted a widife crime strategy. 3 The objectives identified within that document address many of the recommendations in our report. The need to extend the recording of widife crime is acknowedged, as is a desire to introduce partnership-working agreements. How these objectives are to be attained is to be set out in a yet-to-be pubished deivery pan. At a meeting with Victoria Atkins MP, Minister for Crime, Safeguarding and Vunerabiity, and Home Office officias, we were abe to present our case for the recording of widife crime. The Sentencing Counci has recenty consuted on guidance for a range of offences where guidance is required. Widife crime is specificay identified as an area to be incuded in such guidance. The pariamentary Environment, Food and Rura Affairs Seect Committee, in considering the draft Anima Wefare (Sentencing and Recognition of Sentience) Bi 217, has recommended an increase in avaiabe sentences for offences reating to anima wefare other than those contained in the Anima Wefare Act The Crown Prosecution Service, at a meeting of its Community Invovement Pane, identified the vaue of the existing network of speciaist prosecutors and recognised some areas of evidentia uncertainty that they wi ook to provide guidance on. 2 Widife Crime in 217

5 AMPHIBIANS AND REPTILES Species and egisation Engand and Waes have 13 native species of terrestria amphibians and repties aong with a number of non-native species. The eve of ega protection differs widey. Some such as the great crested newt and sand izard receive a high degree of protection afforded by the crimina aw. Lega protection for those species incudes the prohibition of capture and disturbance, and protection of breeding sites and resting paces. Widespread repties are protected from intentiona kiing and injuring, whist the remainder, from a conservation perspective, are not protected save for contros on trade. Anima wefare egisation wi in certain circumstances be reevant for a species, native or non-native. Protection is provided by the Conservation of Habitats & Species Reguations 217, and/or the Widife and Countryside Act 1981 (as amended). In some circumstances the Anima Wefare Act 26 can appy. Drivers Amphibians and repties are occasionay subject to persecution. Adders in particuar have been known to have been deiberatey kied, due to prejudice or mispaced fear about their bite. Grass snakes and sow-worms are sometimes targeted because they may be confused with adders. Animas are sometimes kied during conservation management, but this is not intentiona and is often unavoidabe. Anecdota evidence is cear in demonstrating that offences are most ikey to be committed by those deveoping and. Even where works on and requires panning permission, egisation and panning procedures do not aways resut in the submission of ecoogica surveys and reports reating to amphibians and repties. There appears to be a commony hed view amongst a minority in the construction industry that if they offend there is a ow risk of being brought to justice, and even if this were to occur penaties are ikey to be ess than the costs of foowing awfu process. Extent of recorded crime Year Number of incidents recorded probabe cases of crimina offending cases referred to the poice cases where crimina offending confirmed cases and charges prosecuted defendants prosecuted defendants convicted Recent disappointments Amphibian and Reptie Conservation (ARC) staff and supporters have provided information suggesting that the commission of activities that constitute crimina offences against amphibians and repties is rather common. But a database detaiing such aegations has not, unti recenty, been kept. Nationay, it is not known how many aegations of offences are made to the poice, how they have been deat with or the outcomes of investigations or even prosecutions. Since 217, ARC has been soiciting data and passing them on to the Bat Conservation Trust (BCT) s Bearing Witness for Widife project, but it is ikey that many more aegations remain unrecorded. It is concerning that athough some of these species are highy protected the government cannot report on the eve of crime affecting them. The evidentia test for offences under the main reevant egisation is set very high. Evidencing that offences have been committed is very difficut, requiring investigative skis and access to ecoogica expertise. Where matters are reported to the poice, investigations are often hampered because investigating officers are not sufficienty we informed to undertake, without assistance, effective investigations. In some cases, questionabe decisions have been made by poice forces and or Crown Prosecution Service eading to cases being timed out or not pursued with sufficient direction. Widife Crime in 217 3

6 Recent highights During 217, ARC has been working with the BCT s Bearing Witness for Widife project to extend the work of its investigations officer to aegations of offences reating to amphibians and repties. This has invoved increased engagement in reporting aegations, assisting poice with investigations, training for ARC staff, enhanced monitoring and enquiries and socia media traffic, and deivery of a workshop for the amphibian and reptie conservation community. We are now abe to record the number of cases that we know have been reported to the poice, to monitor the progress of those cases and to provide guidance and assistance where it might be needed to investigators and Crown Prosecution Service prosecutors. During 217, we produced our first conservation impact statement that can be used in cases where offences against great crested newts can be identified. A sma number of cases, first reported to the poice in 217, are sti active. Compeing aegations of unawfu activity incude deiberate kiing of adders in a park in Essex, discovered via socia media and reported to the poice. It seems ikey that in 218 there wi be at east one prosecution resuting from engagement by ARC staff and the Bearing Witness for Widife project. Matters to be addressed The poice to record aegations of offences against amphibians and repties in a manner that aows for statistics to be made pubicy avaiabe. Poice forces to identify resources capabe of undertaking effective investigations into widife crime, incuding use of speciaist advice. Crown Prosecution Service to increase training so that a areas have access to prosecutors with experience in widife cases. ARC and others to promote awareness of the procedures for reporting aegations and to encourage this to happen prompty. Review of case disposa options and sentencing. 4 Widife Crime in 217

7 BADGER CRIME Species and egisation The European Badger is resident across the United Kingdom, incuding Engand and Waes, and is protected under UK egisation. It is an offence to take, injure or ki a badger or attempt to do so, to infict cruety on a badger and to possess or se a badger. It is aso an offence to interfere with a badger sett whist it is in current use. Interference incudes damaging a sett or any part of it, destroying a sett, obstructing access to any sett or entrance, causing a dog to enter a sett, or disturbing a badger whist it is occupying its sett. Protection is provided primariy by the Protection of Badgers Act 1992, and additiona protection is sometimes provided by the Widife and Countryside Act 1981, the Anima Wefare Act 26 and the Hunting Act 24. Badgers are aso isted on Appendix III of the Convention on the Conservation of European Widife and Natura Habitats. Badger Crime is a UK Widife Crime Priority because of sheer persecution as opposed to conservation. Drivers The number of recorded incidents of iega persecution against the badger probaby make it one of the most demonised protected species in Engand and Waes. The badger is arguaby persecuted by a wider cross section of society than any other species, through sett interference, badger baiting, shooting, snaring and trapping, poisoning, and hunting and amping badgers with dogs. Offenders may incude those invoved in agricuture, forestry, deveopment, househoders, registered hunts and badger baiters. Obtaining evidence that the icensed cus of badgers and the accompanying pubicity has resuted in a rise in iega persecution is difficut. However, reports of badger setts being bocked within cu zones have increased in those areas and thus the opportunity to discover and report these crimes has been raised, that previousy may have gone undiscovered and unreported. Extent of recorded crime The Badger Persecution Priority Deivery Group (BPPDG) records incidents of badger persecution in Engand and Waes, where a minimum of 99 incidents were reported to poice forces in 217 (see tabes 1-3 for further information). The number of incidents referred to the poice is not recorded by every organisation submitting information. The main areas of crimina threat remain badger baiting and sett interference. 217 saw ony one case in Cambridgeshire where a person was cautioned for interference with a badger sett, under Section 3 of the Protection of Badgers Act A number of other badger cases were adjourned for hearing in 218. Recent chaenges Most incidents of badger crime that are referred to the poice for investigation are deat with effectivey, but sometimes the eve of investigation fais to reach an expected reasonabe standard. Exampes are where poice contro rooms fai to recognise the compaint as a poice matter, referring it to the RSPCA, or secondy where the compaint is accepted, officers often have no power or training to undertake investigations and basic procedura faiures ensue, which incude crime scenes not being examined to prove the badger sett was in current use or forensic evidence is ost. The continua pressure on poice resources does not assist. The ack of avaiabe and rapid access to competent or expert witnesses is probematic. Court Cases are often heaviy contested by defence speciaists, ranging from barristers to soicitors, Widife Crime in 217 5

8 Tabe 1 Year Number of incidents recorded probabe cases of crimina offending cases referred to the poice cases where crimina offending confirmed cases and charges prosecuted defendants prosecuted defendants convicted / Tabe 2 Type of Incident reports % % Change from 216 Comment Sett Interference See tabe 3 for subcategories Baiting/Fighting reports reated to inteigence on BB Poisoning Traps/Snares Trading 1.1. Shooting Hunting Dogs/Lamps Other Concern, cruety, possession, dead, inteigence, socia media Non-Crimina Tota Incidents Tabe 3: Sett Interference sub-categorised Type of Sett Interference reports % % Change from 216 Comment Agricutura Bocking Type of offender or reason not known Damage Destroy Deveopment Commercia Private Disturbance Forestry Hunt Sett Dug Insufficient to confirm baiting/fighting Other Tota Incidents Widife Crime in 217

9 with duty Crown Prosecution Service (CPS) awyers having itte or no knowedge of widife crime. The attendance of a speciaist prosecutor at the first hearing onwards is rare. Commercia deveopment cases are possiby committed in the knowedge that evidentia requirements are such that there is ow risk of prosecution in comparison to high financia gain. During 217, as a consequence of change within the Badger Trust, there was a significant reduction in the number of inteigence submissions reating to badger persecution made to the NWCU. Recent highights In joint partnership, the Badger Trust and Naturewatch Foundation in 217 conducted badger crime training workshops with eighteen poice forces across Engand and Waes. In 217, the BPPDG produced an advice note on covert surveiance and the use of expert witnesses, which was circuated to BPPDG members, badger groups and the poice service in Engand and Waes. The BPPDG set three-year targets in reation to Prevention, Inteigence and Enforcement, and introduced yeary anaytica reports to highight crime hot spots in cooration to methodoogy, ocationa and seasona variations in Engand and Waes. Widife and Countryside Link produced The Recording of Widife Crime in Engand and Waes report in November 217, which incuded iega badger persecution and a ca for a widife crime to be made recordabe. Matters to be addressed Offences and incidents need to be recorded in a consistent manner by statutory agencies, in order to provide consistent statistics for appropriate anaysis, identify trends and resource aocation. Poice forces need to identify resources and increase their capabiity to investigate aegations of offences effectivey. Likewise, they shoud be provided with the resources needed to gather inteigence reating to widife crime from the internet. The avaiabiity of competent or expert witness, whether ecoogists from statutory agencies or aternative peope with suitabe knowedge, ski and experience, needs to be improved. The CPS needs to consider how badger cases are presented throughout the entire court process, incuding trias and sentencing hearings. A sentencing guideine is urgenty needed for offences reating to badgers. Widife Crime in 217 7

10 BAT CRIME Species and egisation Engand and Waes host 18 species of bats. A are protected against kiing, injuring, harm and disturbance. Their breeding and resting paces (roosts) are protected against damage and destruction even when the animas are not present. Some popuations of some species of bats have, in recent years, increased. Whist this is wecome news, popuations do however remain far beow historic eves. Protection is provided primariy by the Conservation of Habitats & Species Reguations 217, additiona protection is provided by the Widife and Countryside Act 1981 (as amended) and, in some circumstances by the Anima Wefare Act 26. Drivers Commercia deveopment of property can easiy be identified as the primary driver for those who commit bat reated crime. A faiure to propery pan for the processes invoved in obtaining a icence aowing for the destruction of a bat roost is often found to be the root cause of offending. On occasion offending can be shown to be panned and intentiona. On a number of occasions, forged or atered ecoogica reports have been submitted in support of panning appications. There is a view hed by a minority in the industry that there is a ow risk of being brought to justice and, even if this were to occur, penaties are often ess than the costs of foowing awfu process. Other commony identified areas of crimina offending reate to property maintenance and the feing or management of trees. Extent of recorded crime Year Number of incidents recorded probabe cases of crimina offending cases referred to the poice cases where crimina offending confirmed cases and charges prosecuted defendants prosecuted defendants convicted /1 3/ Recent chaenges Whist most incidents of bat crime referred to the poice are deat with in an effective manner, and some are deat with exceptionay we, there are a sma number of incidents where investigations have not reached the standards that might reasonaby be expected. The number of such cases does seem to be increasing as pressure on poice resources intensifies. Common causes of compaint are faiures to accept ownership of aegations, investigations being aocated to officers without the power or training to undertake investigations and basic procedura faiures. In 217, we saw a significant rise in the number of cases where it proved impossibe to estabish the outcome of aegations made to the poice. Very few prosecutions of bat crime are heard by the courts. Those that are prosecuted invariaby resut in conviction but once again, in 217, the sanctions imposed have been ess than the financia gain made by not foowing due process. This is particuary apparent in cases where offenders pead guity at the first opportunity. Recent highights The commitment and expertise of many of those invoved in the prevention, investigation and prosecution of bat crime is often inspirationa. Annuay many offences are prevented through the eary intervention of the poice providing advice to those who, it seems, might be in danger of committing crimina offences. The use, in appropriate cases, of restorative justice measures is wecomed, often bringing conservation 8 Widife Crime in 217

11 benefit to bats that woud otherwise not have been avaiabe. There is evidence that investigating officers are becoming more aware of this with the number of cases being deat with by such means increasing in recent years. At the other end of the spectrum, the use of Proceeds of Crime egisation against deveopers convicted of bat reated offences is to be appauded, as is the wiingness of investigators and prosecutors to consider such appications in other cases. There have been two cases investigated by the poice during 217 that have resuted in Proceeds of Crime Act confiscation orders being imposed at trias hed in 218. Matters to be addressed Offences to be recorded in a manner that makes statistics avaiabe. Poice forces to identify resources capabe of undertaking effective investigations into widife crime. CPS to consider how difficuties encountered in the prosecution of widife crime cases, where offenders pead guity at first hearing might be addressed. A sentencing guideine for widife crime. Widife Crime in 217 9

12 CASE STUDY Convictions for bat crime at Leamington Spa Magistrates Court 4 May 217 On Tuesday 11th Apri 217, Magistrates sitting at Leamington Spa Court heard a case reating to the destruction of a bat roost. In passing sentence, in the opinion of the Bat Conservation Trust, they did great disservice to bat conservation and the wider fight against widife crime. The owner of the property in question and a buider contracted to renovate the property both peaded guity to the offence and were fined just 83 and 153 respectivey. Both were ordered to pay 135 costs and a 3 victim surcharge. The property in question was a bungaow and barn that were to be demoished and repaced by a new dweing. There was a engthy panning history reating to the site and survey work undertaken over a period of years identified and confirmed roosts of brown ong eared and soprano pipistree bats. The owner of the property was advised on a number of occasions that he woud need to obtain a icence from Natura Engand and woud have to provide a bat house to which the bats coud reocate. Despite this advice, it seems that he decided to commence works during the spring of 216 and asked an ecoogist to obtain the required icence. When tod that further survey work woud be needed before a icence woud be considered, he asked what the penaties for destroying a roost without a icence were, and indicated that he woud be prepared to accept a fine. It was ater found that the buidings had been demoished and the roosts destroyed. The matter was reported to the poice. Foowing a engthy poice investigation, papers were submitted to the Crown Prosecution Service and were considered by a speciaist prosecutor who decided that matters shoud be prosecuted. The case was first isted for the 11th Apri with both defendants peading guity at the eariest opportunity. The CPS speciaist prosecutor did not attend court to prosecute this case in person. Instead the prosecution was undertaken by a awyer who appeared to have itte understanding of the conservation impact of the offending, the financia benefit gained by not foowing awfu process (the costs of further survey work, obtaining a icence and ecoogica supervision of the work) or the size of fines imposed in other cases of roost destruction. In March 216, a judge passing sentence on a bat crime in Derbyshire fined an offender 3 at the same time commenting that the nature of the offence was at the esser end of a scae of offending. Those comments were not made avaiabe to the magistrates sitting in Leamington Spa. In contrast, the defence had a we-prepared and we-presented case that suggested that the offending was no more than administrative oversight. That when the buidings had been demoished the roof had been stripped by hand with no bats having been found. Furthermore a bat house as envisaged by ecoogists had aso been provided. (No mention was made that the demoition seems to have taken pace at a time when bats woud have been present or that the bat house that had been provided was not fit for purpose.) In drawing the defence case to a cose a etter of mitigation, said to be from an ecoogist, was submitted to the court. We can ony surmise that the magistrates who heard this case were swayed by the arguments put forward by the defence. But even so, how did they decide to fine the owner of the property ony 25% of his decared weeky income? Recent sentencing guidance woud have aowed a fine of up to a maximum of 65% of weeky income and egisation aows the imposition of unimited fines. Indeed 25% of weeky income is the minimum fine that the guidance suggests can be imposed. 1 Widife Crime in 217

13 FISHERIES CRIME Species and egisation The Fisheries Enforcement Support Service (FESS) is funded by the Environment Agency (EA) from freshwater coarse and non-migratory fishing icences in Engand, and is a forma partnership, deivered under contract, between the EA and Anging Trust, the sport s governing body. The EA is the statutory ead on fisheries enforcement in Engand (Natura Resources Waes is the responsibe Wesh body). Given the funding from freshwater icences, the FESS is not currenty invoved with marine enforcement. Protection is argey provided by the Theft Act 1968, and Samon & Freshwater Fisheries Act Drivers The arge profit margin offset against ow sentences is the driver for organised crime gangs iegay importing carp from the continent for sae to sport fisheries, and which orchestrate the theft and iega sae of such high vaue fish from Engish commercia sport fisheries. Another driver is the cutura difference between migrant angers from eastern and centra Europe, who take fish for the pot, and our own conservation-based catch and return approach. This has ed to many probems between both communities, generating not ony fisheries but aso hate crime. A further issue is that offenders fishing without permission or rod icences fai to contribute to the maintenance and improvement of fisheries impacting on sma businesses. Extent of recorded crime Frustratingy, this remains unknown. Athough fishing without permission is a recordabe and notifiabe crime under Schedue 1, Theft Act 1968, in our experience, foowing annua Freedom of Information requests to a forces, the poice remain inconsistent in recording these offences. Moreover, there remains a ack of appreciation that theft of fish is not a victimess crime, and that this is financiay quantifiabe. Given this inconsistent approach to recording fisheries reated crime, and ack of a centra faciity to capture this data, it remains impossibe to quantify. Moreover, because confidence throughout the anging community has been so ow, a substantia number of offences have demonstraby gone unreported. Recent chaenges Through our work to educate the anging community regarding how the inteigence-ed enforcement system works, emphasising the need to report incidents and information, such cas are increasing annuay. The majority of poice forces are now subscribed to either Operations TRAVERSE (covering the eastern haf of Engand) or LEVIATHAN (western haf of Engand and a of Waes), but because the number of cases brought remains comparativey ow, forces demonstrate an inconsistent quaity of service deivery. At a time when positive pubicity is so important to continue raising awareness and increasing confidence, exampes of inappropriate service undermine the entire process especiay when shared on socia media. Recent highights The FESS is essentiay a task force of retired poice officers, working in support of and in partnership with the Environment Agency. The six regiona enforcement managers run the 5 strong Vountary Baiiff Service throughout Engand (which is trained in partnership with the Environment Agency and poice to report incidents and information to a high evidentia standard), provide training to the poice and other partners, and coordinate Operations TRAVERSE and LEVIATHAN. The FESS s Nationa Inteigence Manager processes the incoming information, sharing ogs with partners as appropriate. The strategy aso incudes the Buiding Bridges Project, engaging with migrant communities, providing muti-ingua information, working on education and integration. The FESS aso runs Fisheries Enforcement Widife Crime in

14 Workshops, again in partnership with the poice and Environment Agency, throughout Engand, providing essentia free training for the anging community. Moreover, the FESS works cosey with the Magistrates Association and CPS, contributing Impact Statements and training eading to an increase in appropriate sentencing. Overa, the enthusiastic cooperation of the poice has been refreshing it being increasingy understood that this is not simpy about a few wet fish but more accuratey rura, widife, organised, business and hate crime and another entry point, therefore, for engaging with inteigence and criminaity. Matters to be addressed Consistency must be achieved regarding recording of fisheries crime. Awareness must be raised on an ongoing basis regarding the actua impact of and facts concerning fisheries reated crime. Consistency is aso required regarding sentencing and the processing of cases. Inteigence must be acted upon by our empowered partners. Members of the VBS during a joint Operation LEVIATHAN patro in 217 with the Environment Agency and Warwickshire Poice. Members of the FESS, VBS, Environment Agency and Nottinghamshire Poice during an Operation TRAVESE patro of the River Trent in Widife Crime in 217

15 ILLEGAL WILDLIFE TRADE Species and egisation The iega widife trade threatens some of the word s most iconic animas and pants. United Nations seizure data show that amost 7, species were affected wordwide in 216. The UK is impicated as both a transit and destination country for trade in iega widife products, as we as being a source country in some cases (e.g. ive raptors for the faconry trade). Internationa trade in widife is reguated by the Convention on Internationa Trade in Endangered Species of Wid Fauna and Fora (CITES); an internationa agreement between governments that aims to ensure that internationa trade in wid animas and pants does not threaten their surviva. CITES ists more than 35, species in Appendices, according to the degree of protection they need. It is the responsibiity of individua governments to impement the Convention and in the UK, Defra is the Management Authority for CITES. CITES is impemented in the UK via the EU Widife Trade Reguations, and the UK s own impementing reguations (Contro of Trade in Endangered Species - COTES). Defra is advised on pant matters by the Roya Botanic Gardens, Kew (RBG Kew) and on anima matters by the Joint Nature Conservation Committee (JNCC), which together constitute the CITES Scientific Authorities. The Anima and Pant Heath Agency (APHA, an executive agency of Defra) is responsibe for providing poicy advice to the government on CITES and widife enforcement issues. It is aso responsibe for issuing import, export and sae icences for pants and animas isted on the appendices of CITES and the annexes to the EU Widife Trade Reguations. The poice have primary responsibiity for enforcing the provisions of COTES. UK Border Force (UKBF) has primary responsibiity for enforcing the Customs and Excise Management Act 1979 (CEMA) and, in particuar, the offences reating to imports and exports of widife contrary to the provisions of CEMA and the EU Widife Trade Reguations. Drivers The demand for ive species and widife products utimatey drives widife trafficking offences. Wid animas, such as tortoises, ows and primates, are desired by some members of the pubic for pets, which drives iega imports into the UK. Some ive wid animas are aso iegay sent abroad, such as European ees, for the booming goba iega trade in ees for food. Widife products, such as mounted animas, wid pants, traditiona medicine products and ornaments made from widife parts such as ivory, are desired by some individuas in the UK. The money that can be made by seing these goods to UK-based or overseas buyers drives crimina invovement, and widife trafficking increasingy invoves organised crimina groups operating across mutipe jurisdictions. Lack of awareness of egisation aso eads some individuas to unknowingy se, purchase, import or export iega goods without the correct permits, for exampe tourists bringing iega widife products, such as cora or rosewood, back from hoiday. Extent of recorded crime Year Number of incidents recorded probabe cases of crimina offending cases referred to the poice cases where crimina offending confirmed cases and charges prosecuted defendants prosecuted defendants convicted /NK 4/ Widife Crime in

16 Recent chaenges. A fundamenta issue to understanding the scae, scope and character of iega widife trade in the UK remains the ack of avaiabe data and records. Furthermore this impedes the abiity of the government and nationa agencies to direct resources to effectivey address IWT, measure impact and track trends. Current methods to monitor, record and quantify confirmed crimes are inadequate and ineffective and this needs to be addressed so that a true picture of the eve of IWT is known. In 217, we are ony aware of four CITES prosecution cases in the UK, which is ower than previous years. Without the research, we do not know the reasons behind the drop in number of CITES cases coming to court. In 217, an announcement of the update of the COTES reguations was sti imminent. However, at the time of writing, COTES Reguations 218 have now come into force on 1 October The revised Reguations may require further revision to refect the UK s departure from the European Union in 219, and the transposition of the EU Widife Trade Reguations into UK egisation through a Statutory Instrument. Recent highights A notabe prosecution from 217 was the conviction of a man who tried to se endangered anima parts from the UK, incuding rhino horns, eephant tusks and hippo teeth. The individua was sentenced to 14 months in jai after the iega products were discovered by speciay trained search dogs in a poice raid. During 217, many widife crime poice officers received training aimed at increasing officers skis and awareness in deaing with the iega trade in endangered species. Faciitators of the training events incuded the Nationa Widife Crime Unit, Joint Nature Conservation Committee and Anima and Pant Heath Agency. In October 217, the UK government aunched a pubic consutation on banning UK saes of ivory. The 12-week consutation received more than 7, responses from the pubic, with 88% backing the ban. In Apri 218, the government announced its intention to introduce a strict ivory ban, with imited exemptions for items containing ess than 1% ivory made before 1947 and instruments containing ess than 2% ivory made before There wi aso be imited exemptions for accredited museums and for rare or important items more than 1 years od. In October 218, the UK government hosted the London Conference on Iega Widife Trade, buiding on previous state-ed conferences in London in 214, Kasane in 215 and Hanoi in 216. The 218 conference focussed on tacking IWT as a serious organised crime, buiding coaitions and cosing markets. Matters to be addressed Recording of a widife crime, incuding CITES offences Investigation into why there has been a drop in the number of CITES cases coming to court and how this can be improved Raising awareness among the genera pubic of what widife products are iega Introduction of sentencing guideines for widife crimes. (In September 218, Link members responded with information about widife crime to the Sentencing Counci s consutation on a genera sentencing guideine for offences not covered by specific guidance) Additiona resources and emphasis on tacking the increasing roe of the internet and cybercrime in faciitating iega widife trade More pubic-private partnerships to coectivey tacke IWT Dedicated widife crime poice officers in each force Continued provision of training to aw enforcement agencies on addressing widife crime with particuar reference to cybercrime and any enforcement changes around ivory reguations. A re-evauation of the resourcing of key agencies incuding the Nationa Widife Crime Unit and Border Force CITES Team, in order to ensure these key agencies are adequatey funded in the ong term so as to be abe to continue to deiver the key roes they provide in responding to iega widife trade. 14 Widife Crime in 217

17 Widife Crime in

18 MARINE MAMMAL CRIME Species and egisation Around 27 species of cetaceans ive seasonay or year-round in Engish and Wesh waters, as we as grey and harbour seas. Cetaceans are offered strict protection under Habitats Directive Artice 12, which is transposed into nationa aw under the Conservation of Habitats & Species Reguations 21 (updated 217) and the Widife and Countryside Act 1981 (as amended). It is an offence (subject to exceptions) to deiberatey capture, ki, or disturb cetaceans. Seas enjoy the protection afforded by the Conservation of Seas Act 197. In some circumstances, cruety to wid mammas is an offence under the Wid Mammas (Protection) Act Drivers Recreationa and commercia tourism can be a driver for potentia crimes against marine mammas. Individuas can approach marine mammas by either getting in the water with them and behaving inappropriatey or approaching them inappropriatey from any water craft or vesse. In the UK, there is a perceived confict with some fisheries, particuary of seas taking commercia or protected fish species. 6 There is evidence of cruety through the iega injuring or kiing of seas with guns and other weapons. 7 Since 211, Scotand has required that seas can ony be taken under icence; this change in egisation has not been mirrored in Engand and Waes. Extent of recorded crime Year Number of incidents recorded probabe cases of crimina offending cases referred to the poice cases where crimina offending confirmed cases and charges prosecuted defendants prosecuted defendants convicted 216* 217* * FOOTNOTE: These figures represent cas made to the Cornwa Marine and Coasta Code Group hotine. They give an indication of reports of marine mamma disturbance in Cornwa rather than an exhaustive ist of marine mamma crime. As we are using a different dataset in 217, we have revised the 216 figure accordingy to make the figures comparabe. Crime trends Successfu marine mamma prosecutions and convictions are rare, so it is difficut to detect a trend. Whie the number of recorded incidents tends to be high, very few of these cases are referred to the poice. The reason for this is uncear, but it may be because the pubic do not consider that the poice dea with such incidences. Reporting is infuenced by traditiona and socia media, and pubic engagement with marine widife issues, as we as the actua number of widife crime incidences. The data here, for Cornwa ony from the Cornwa Marine and Coasta Code Group (CMCCG), show a drop in recorded incidents from 216 to 217. We cannot define the cause of this decrease, but it is thought to be an inter-annua fuctuation rather than a downward trend. Recent chaenges Reported cases rarey ead to prosecution. It is essentia to get an incident ogged with the poice, since, even if nothing comes of it, it is important to show the incident is in the system and that widife crime exists. This wi hep enabe us to better understand the extent and trends over time. 16 Widife Crime in 217

19 Recent highights The recent perceived increase in disturbance cases has ed to the issue having more of a pubic profie on socia media and in the media. This has ed to a focus on this issue from the statutory agencies, incuding the deveopment of a code of conduct. Widife crime officers have become very supportive of this work. Widife crime officers have highighted the importance of getting incidents ogged via 11, even if nothing comes of it. Previousy, individuas were engaging with interested poice officers directy, but this meant many incidents were not officiay ogged. Cornwa is eading the way nationay, with the formation of a regiona stakehoder group to tacke the issue of marine widife disturbance by recreationa water users. The Cornwa Marine and Coasta Code Group, formed in 213, aims to: increase awareness of marine and coasta widife disturbance issues, aws and vountary codes of conduct. provide an informa forum of experts, reguators and major conservation andowners to advise on the best course of action foowing serious or repeat marine widife disturbance incidences in Cornwa. deveop reevant resources, projects and training programmes for partner organisations, users, operators and other interested parties. formuate action or joint position statements where specific issues are highighted. input, monitor and review the Marine Widife Disturbance Register. agree an action pan for the group. Membership of the Cornwa Marine and Coasta Code Group is open to any organisation invoved in the conservation, protection and management of marine and coasta biodiversity, either substantiay or whoy in Cornwa, and which is aso a member of the Cornwa Marine Liaison Group. The UK's nationa training scheme for minimising disturbance to marine widife (WiSe) 8 seeks to minimise marine disturbance through deivering training to vesse operators and to other key organisations, incuding the poice. Such training can hep individuas to understand disturbance egay and bioogicay, with the aim to ensure safe and responsibe marine widife watching. Matters to be addressed Raising pubic awareness of the existing marine mamma protections and what good behaviour is, pus how they can gather the evidence required to report incidents (photographic and video footage). Deveopment of a Widife Crime App (ike that produced by Partnership for Action against Widife crime in Scotand) and other guidance for reporting adequate detais of marine mamma widife crime. Poice awareness and abiity to dea with marine widife crime needs to be maintained and improved, incuding among widife crime officers. Ensure widife crime officers are inked with any regiona efforts, an exampe being ensuring engagement with the membership of the Cornwa Marine and Coasta Code Group. Continue to provide the opportunity for poice to undertake reguar WiSe training. Offences to be recorded in a manner that makes statistics avaiabe for appropriate anaysis, in order to identify trends and inform resource aocation. Ease of access to crime data on a transparent website. Widife Crime in

20 RAPTOR PERSECUTION Species and egisation A birds of prey are fuy protected under the Widife and Countryside Act Offences incude the kiing, taking, injuring of birds and eggs, damage and destruction of nests. There are aso offences reating to possession, sae and prohibited methods of kiing and taking. Trade offences reating to raptors are aso covered by the Contro of Trade in Endangered Species (Enforcement) Reguations (COTES) Offences invoving the abuse of pesticides are covered under various pieces of egisation. Drivers Scientific monitoring of raptor popuations, supported by widife crime data and inteigence continues to show the key driver of raptor persecution is the confict with and managed for game bird shooting. Raptors are deiberatey targeted to reduce potentia predation on game bird stocks. In particuar, there is concern about and managed for driven grouse shooting and conservation impacts on species ike goden eage and hen harrier. In May 218, a scientific paper Raptor persecution in the Peak District Nationa Park was pubished in the journa British Birds. The resuts demonstrate strong associations between intensive grouse-moor management, the persecution of raptors and decining popuations of both goshawks and peregrines in the Peak District Nationa Park. Farming interests 4% Taxidermists 9% Unknown/other 14% Other game interests 7% Pigeon fanciers 6% Bird keepers 1% Gamekeepers 59% The adjacent pie chart shows the occupations/interests of the 18 individuas convicted in Engand and Waes of bird of prey persecution-reated offences Note that there were no bird of prey persecution reated convictions in 217 (or indeed in the two years prior). The occupations/interests of the 18 individuas convicted in Engand and Waes of bird of prey persecution-reated offences Extent of recorded crime Raptor persecution in Engand and Waes Year Number of incidents recorded/ reported* probabe* cases of crimina offending cases referred to the poice cases where crimina offending confirmed cases and charges prosecuted defendants prosecuted defendants convicted Most (see beow) Most (see beow) 58 Some incidents are passed to the RSPB retrospectivey for its records, and not a wi have a poice reference number, especiay if they have been deat with by enforcement partners e.g. RSPCA (wefare offences) or Natura Engand (poisoning incidents). Therefore, though most incidents are passed to the poice, it is not possibe to determine this number precisey. Information which has inteigence vaue (which wi incude a number of the unconfirmed and probabe incidents) wi be disseminated as an inteigence report to reevant poice force aong with appropriate enforcement partner incuding NWCU/RSPCA as appropriate. 18 Widife Crime in 217

21 Engand and Waes raptor persecution 217 spit into incident types Raptor persecution Incident type Shooting confirmed incidents 42 Poisoning 8 Iega Poe/Spring Trapping 1 Iega Trapping (Other) 2 Nest Destruction 2 Persecution Other 3 Tota 58 The detection rate of confirmed incidents is beieved to be a sma fraction of those actuay being committed. Shooting continues to be the most detected type of bird of prey persecution. For detaied maps showing ocation of incident types per country, see the RSPB Raptor Persecution Map Hub. Recent chaenges There were no convictions for raptor persecution in 217, echoing the worrying trend from the previous two years (See beow) Bird of prey persecution-reated convictions in Engand and Waes Widife Crime in

22 The risk of being caught and prosecuted remains very ow. This is despite raptor persecution continuing to be an ongoing issue (see 5-year data beow). Confirmed raptor persecution incidents in Engand and Waes Engand Waes A court hearing during March 218 rued that RSPB covert surveiance footage was inadmissibe. This reated to offences recorded at a peregrine nest site on a grouse moor in Lancashire during 216. The case had exceent support from the poice and Crown Prosecution Service (CPS). There were some compex ega arguments reating to the Reguation of Investigatory Powers Act (RIPA), and it is unfortunate that the District Judge was not provided with prepared information which may have had a bearing on the decision. Whist not egay binding, this decision is unhepfu and may have a bearing on future cases. The future of the Widife Incident Investigation Scheme (WIIS) in Engand, which monitors widife poisoning incidents is currenty uncertain. This has been run by Natura Engand (NE) on behaf of the Heath and Safety Executive (HSE), but the operation of the scheme is under review and a fina decision on how it wi operate is awaited. NE have experienced staff in this area of work and osing this resource coud negativey impact on the investigation of widife poisoning offences, incuding raptor persecution pesticide abuse cases. Recent highights In August 218, RSPB aunched the Raptor Persecution Map Hub ( the most compete, centraised set of known confirmed raptor persecution incidents in the UK, to raise awareness and faciitate enforcement. This currenty contains data from 212 to 217. Raptor persecution conviction: In Apri 217, RSPB investigators witnessed the shooting of two shorteared ows on the Whernside Estate grouse moor. Foowing a dramatic chase, a oca gamekeeper was arrested and ater convicted on the 28 August 218. The defendant peaded guity to the shooting of two short-eared ows and possession of a Foxpro eectronic caing device contrary to the Widife and Countryside Act He was fined 1 with 21 costs and victim surcharge. The Foxpro device was forfeited. Partnership working between the poice, CPS and RSPB, aong with determination and attention to detai, were instrumenta in bringing this offender to justice. In September 218, Superintendent Nick Lye, Bedfordshire Poice, took on the chair of the Engand and Waes Raptor Persecution Priority Deivery Group (RPPDG). This group has received criticism for faiing to deiver meaningfu outcomes. Nick has quicky been making determined efforts to address this, and set up his own bog to improve transparency In November 218, he organised a workshop in London to aow RPPDG members, and other conservation organisations, to present ideas for the group to consider. 2 Widife Crime in 217

23 Matters to be addressed We are caing on the government to: Introduce a system of icensing for driven grouse shooting. Protect widife aw during UK negotiations with the EU Make fu use of existing powers to camp down on raptor persecution, and make better use of toos ike cross-compiance, ensuring pubic money is deivering heathy raptor popuations. Ensure shoot owners and managers can be hed accountabe for the actions of their gamekeepers by extending the vicarious iabiity egisation empoyed in Scotand to the rest of the UK. Invest in effective enforcement to uphod the aws protecting iconic widife and paces. (See RSPB s atest annua Birdcrime report for more detais on a of the above) CASE STUDY Marsh harrier targeted on grouse moor Marsh harriers, ike hen harriers, are isted on Schedue 1 of the Widife and Countryside Act In May 217, a marsh harrier nesting attempt was recorded at Denton Moor, a driven grouse moor in North Yorkshire. This was highy unusua, since marsh harriers generay prefer ow-ying marshand areas. RSPB Investigations officers instaed a covert camera at the nest, which contained five eggs. When they returned, however, the nest was empty. The footage reveaed that armed men had visited the site. One is seen removing eggs from the nest. Gunshots can aso be heard. It is beieved this was a premeditated effort to stop the birds breeding successfuy. Despite enquiries by North Yorkshire Poice, it was not possibe to positivey identify the men. Read the fu story here: Widife Crime in

24 THE TRAPPING OF WILD BIRDS Species and egisation The RSPCA investigates and prosecutes the trapping of wid birds. This often invoves finches such as the Godfinch, Greenfinch, Redpo, Bufinch or Linnet. However, other species are sometimes taken. The finches are taken to be kept, bred from or sod despite being offered fu protection under the Widife and Countryside Act These birds can be kept if bred in captivity, which can be determined by the cosed ring fitted to a bird s egs within the first few days of its ife whist sti in the nest. These rings are known as cosed rings, being a compete ring with no breaks that is sipped over the nesting s eg and cannot be fitted safey to a bird s eg as it becomes oder without being tampered with. Many birds have been found in cases where the rings have been tampered with and forced on the egs of oder birds which can often resut in injuries that cause suffering and pain. Some birds kept in captivity are known as Mue Hybrids. These birds are the resut of a cross breed between, for exampe, a Godfinch and a Canary. Whist this trade can go unnoticed, it can go on throughout the country often in discreet and secuded ocations such as woodand, hedgerows and scrub and areas. A number of techniques to take these birds are used, most commony by using cage traps. These traps are often homemade, even from converted sma domestic mamma cages. They consist of one side hoding a decoy bird whist the other compartment is open with a spring-oaded door which coses behind the bird once it ands on the interna perch. They are usuay baited as we with commercia finch seed or natura seed heads gathered from the hedgerows. The decoy bird in song can hep ca wid birds down to the trap. 22 Widife Crime in 217

25 CASE STUDY A Search Warrant issued under the Widife and Countryside Act 1981 was executed by the poice in reation to the iega trapping and possession of wid birds. They were accompanied by RSPCA Officers from the Specia Operations Unit. 12 Godfinches and a Lesser Redpo were discovered in a shed. Two bird traps were on the roof of the shed which were baited and in a set position. These birds were considered to be in unawfu possession and seized by the poice. It was beieved this person had taken them from the wid and he was unabe to prove otherwise. Interestingy a witness confirmed the traps had been there for two years and that the person checked them every day by cimbing on the roof and removing any wid birds that had been caught in them. A bird expert examined the seized birds and found two were wearing tampered rings and four other birds were wearing tampered rings that had been forced on the bird s egs. At court this person was found guity of offences incuding possession of ive wid birds and attempting to take birds from the wid contrary to the Widife and Countryside Act This person was aso found guity under Section 4 of the Anima Wefare Act 26 in reation to a dog kept at the address. The court imposed penaties of a disquaification for ife from keeping a animas, 18 weeks imprisonment suspended for two years, an 18-week curfew and costs of 75. Mist nets can aso be used which can catch a number of birds in a reativey short time period and again are often erected in secuded areas so as not be noticed. It is iega to use such mist nets uness you are a trained bird ringer icenced by the British Trust for Ornithoogy. Bird ime, which is essentiay a sticky gue type substance that doesn t set, can be attached to sticks and twigs baited with seed so that these sma finches fy down to the seed and become stuck to this substance, again this is iega under the Widife and Countryside Act The RSPCA continues to investigate reports of peope trapping and keeping wid birds which can resut in a prosecution through the courts. In severa cases this can resut in a number of birds being taken and wherever possibe, if it can be proved these are wid caught birds, they are rehabiitated and reeased back into the wid. Widife Crime in

26 CONCLUSIONS Once again, this report identifies how crime can impact on the widife of Engand and Waes. Some of our most iconic species face threats from ceary defined interests often associated with country pursuits and deveopment. It is cear that Link members engaged in fighting different types of widife crime face a number of common probems. Most commony these reate to: The ack of a comprehensive system for recording widife crime, hampering the anaysis of trends, the setting of appropriate priorities, and the effective aocation of resources. The wiingness and abiity of the poice to address widife crime effectivey. Uncertainty as to the admissibiity of evidence. Absence of comprehensive sentencing guideines. The ever more common use of the internet to faciitate and commit widife crime. Many members of Widife and Countryside Link wish to and are ready to assist those responsibe for the prevention, investigation and prosecution of widife crime. A number have speciaist resources avaiabe to assist the statutory agencies. Recommendations Despite the breadth of widife crime, a number of partners, often with very different interests, identify common probems associated with addressing widife crime. It is encouraging that in recent months the government and its agencies have engaged in conversation over some of the issues. We hope that when our report for 218 is pubished we wi be abe to show that our initia optimism has progressed to tangibe resuts. Widife crimes shoud become notifiabe and recordabe, and incuded in statistica returns made by the poice to the Home Office. The Home Office shoud produce an annua report on widife crime, identifying trends and recommending appropriate priorities and resource aocation. Each poice force shoud appoint a force champion for widife crime, with coordinating responsibiities for a team of trained widife crime officers. Poice officers and appropriate members of staff receive sufficient training to enabe them to identify reports of widife crime and to respond in an effective manner. That the Nationa Widife Crime Unit receives the ong term funding required to aow for effective assistance to be provided to officers investigating widife crime and the resources for the purposes of identifying widife crime and associated inteigence on the internet. The Crown Prosecution Service ensures that speciaist widife crime prosecutors continue to be avaiabe in a parts of Engand and Waes. Contentious issues around the admissibiity of evidence be identified, discussed and remedied. In order to aid informed and adequate sentencing, a comprehensive widife crime sentencing guideine be produced by the Sentencing Counci. A partnership approach to a types of widife crime aimed at raising pubic awareness and crime prevention be pursued. 24 Widife Crime in 217

27 REFERENCES Reports/reported - This is the tota number of incidents reported to the reporting organisation each year for the category of offence in question. (i.e. this incudes a of the beow categories: confirmed, probabe, unconfirmed.) Confirmed The circumstances indicate that an iega act has taken pace. These incidents are typicay substantiated by evidence. Probabe The circumstances indicate that by far the most ikey expanation is that an iega act has taken pace. Unconfirmed The circumstances indicate that an iega act has possiby taken pace R.N. Harris, C. Sievers & S. Northridge Sea diet at samon net fisheries. Sea Mamma Research Unit report /8/Sea-diet-at-samon-net-fisheries.pdf Widife Crime in