Badger Trust backs Defra proposals ending glaring sentencing inequality for crimes against badgers
- Badger Trust Staff Team
- May 6, 2022
- 4 min read
Updated: May 6, 2022
Badger Trust continues its campaign to increase sentences for horrific badger crimes by backing proposals put forward by Defra in its Nature Recovery Green Paper (out for consultation until 11 May 2022).
As part of the paper, Defra has proposed sentencing for crimes against wild animals be brought into line with the Animal Welfare Act (2021). This would mean that sentences for crimes against badgers and their setts could be increased to five years from the present six-month maximum under the Protection of Badgers Act (1992). This development comes as we near the 30th anniversary of the act that gave special protection for badgers.
Peter Hambly, Executive Director of Badger Trust, commented:
‘We welcome Defra’s green paper proposals to strengthen sentencing for crimes against badgers. The number of recorded incidents of illegal persecution against the badger makes it one of the most abused species in England and Wales.’
Badgers are persecuted possibly by a wider cross-section of society than any other species.
‘They are abused and tormented in an array of crimes, from sett interference, badger baiting, shooting, snaring and trapping, to poisoning, hunting and lamping. We need higher sentencing to act as a deterrent. Higher sentencing would also lead to these crimes against badgers being recordable by the police and more police resources allocated, which would also deter this criminal activity. So many people are appalled by the awful recent cases of gangs attacking and baiting badgers. This has to stop.’
Badger Trust also asks for police to have powers to enter land where crimes against badgers have taken place, again in line with the Animal Welfare Act.
Badger Trust’s PBA30 campaign is working to increase the visibility of these crimes and stop the persecution of an iconic, native mammal, often by ruthless and violent gangs.
Badger Trust is calling for a change in sentencing options for crimes under the Protection of Badgers Act (1992) (‘PBA’). Badger Trust supports extending sentencing for badger crimes, such as badger baiting and shooting, from six months to five years, in line with the recent changes to the Animal Welfare (Sentencing) Act 2021.
Under the Animal Welfare Act, those committing the most severe animal cruelty crimes to a domestic animal in England and Wales can face prosecution with up to five years in prison. Similar animal cruelty committed against a wild badger can only lead to a maximum of a six-month prison sentence under the Protection of Badgers Act.
2022 marks the 30th anniversary of the Protection of Badgers Act (1992), a landmark piece of legislation in badger protection. During the three decades since the passing of the PBA, sentencing related to animal welfare has moved on, but it seems the Act is stuck in time, with considerable inequality now present.
Hambly added: ‘The Protection of Badgers Act received Royal Assent 30 years ago when a six-month prison sentence for badger cruelty was a landmark win for badgers. Thirty years later, our PBA30 campaign aims to get sentencing in line with broader animal welfare policy and law changes. Those who commit these crimes against badgers need to get the sentences they deserve.
Every week horrific badger persecution continues to occur across the country, and we need to send a message out to these people to stop – proper sentencing would be a real deterrent.
‘We welcome this proposal from Defra and look forward to it moving forward as quickly as possible.’
Badger Trust welcomed the proposal as it feels higher sentences are necessary to protect badgers for several reasons:
Fairness - badgers are a protected species that have suffered persecution for hundreds of years. It is only fair that sentences for crimes against badgers are brought into line with crimes against other sentient animals such as dogs.
Deterrent - crimes against badgers are often highly organised. Tougher sentences would act as a deterrent as, presently, low sentencing does not deter criminals from carrying out this activity.
Recordability - once maximum sentences are increased, crimes against badgers will become recordable. Badger Trust believes all wildlife crimes should be recordable. This recordability will allow the police to commit more resources to these crimes to enable a more coherent response to organised criminal activity, for example, by collating more information on where these crimes occur.
Enforcement - with higher sentencing, police can use more advanced investigation techniques (including surveillance and undercover operations) and have more time to collect evidence. These techniques are essential for crimes against badgers, which tend to be highly organised activities.
Prevention and speedier apprehension of other serious criminal activity - often unrelated to wildlife crime. We know that criminal activity such as badger baiting is routinely connected to other very serious crimes, including violent crimes against people, gun crime, and organised crime related to illegal gambling. In apprehending gangs engaged in hare coursing, police forces also apprehend gangs involved in county lines operations; in the same way, they recognise that being able to apprehend criminals involved in crimes against badgers, they may also apprehend criminals wanted for other very serious offences.
Further information:
Below is a copy of the Badger Trust submission to the Nature Recovery Green Paper consultation on this issue.
