Nature Recovery Green Paper Consultation: Response Guide

Badger Trust is responding to Defra’s Nature Recovery Green Paper consultation and believes increased sentencing would be a significant step forward for the protection of badgers.

Badger Trust launched PBA30 to mark the 30th Anniversary of the Protection of Badgers Act (1992). Our initial call is for crimes against badgers to be brought into line with the Animal Welfare Act (2021). Presently the maximum sentence for crimes against badgers is six months, yet, under the Animal Welfare Act, the maximum sentence for crimes against dogs and other domestic animals is five years. In addition, unlike crimes against badgers, these crimes are recordable, leading to more resources for investigation.

Badger Trust wants the same sentencing for horrific crimes that take place every week against badgers. We believe this will act as a significant deterrent.

This very idea is part of the consultation in Defra’s Nature Recovery Green Paper. Section 5.1 (page 27) suggests that penalties for crimes against wildlife should be brought into line with other animal welfare crimes under the 2021 Act.

Badger Trust will be making a response to the Nature Recovery Green Paper and believes increased sentencing would be a significant step forward for the protection of badgers. We urge anyone who agrees to also send a response to the consultation.

You need to send your response to naturegreenpaper@defra.gov.uk by 23:59 on 11 May 2022.

Guide for Your Response

We have prepared a response that you can use. Please feel free to adapt it.

Suggested response to Defra Nature Recovery Green Paper:

Nature Recovery Green Paper

Consultation Coordinator

Second floor Foss House

Kings Pool

1 to 2 Peasholme Green

York

YO1 7PX

Dear Sir/Madam,

I/we welcome the opportunity to respond to your nature recovery green paper consultation.

As part of 5.1 Consolidation and rationalisation (protections), there is the proposal that penalties for offences against wildlife are brought into line with those recently introduced in the 2021 Animal Welfare Act.

I/we strongly welcome this proposal as presently the maximum sentence for crimes against badgers and their setts is only six months, yet the maximum sentence under the Animal Welfare Act is five years. I/we feel higher sentences are necessary to protect badgers for several reasons:

1. Fairness - badgers are a protected species that have suffered persecution for hundreds of years. It is only fair sentences for crimes against badgers are brought into line with crimes against animals such as dogs.

2. 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.

3. Recordability - once maximum sentences are increased, crimes against badgers will become recordable, and I/we believe all wildlife crimes should be recordable. This 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.

4. 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.

Crimes against badgers occur every week. It is time for a more coherent response to animal welfare sentencing to deter crimes against badgers. I/we welcome this proposal for aligning maximum sentencing for wildlife crime at the higher Animal Welfare Act level and for making wildlife crime recordable. I/we support these proposals' progress as quickly as possible.

Finally, in drawing up plans, we urge Defra to ensure nothing weakens the protection that badgers and their setts are presently afforded. Recording and effectively prosecuting crimes against badgers with appropriate maximum sentencing will strengthen the protection of this iconic native animal.

Yours faithfully,

[ Insert your name and address]

Where to send your response

By Email: naturegreenpaper@defra.gov.uk

By Letter:

Nature Recovery Green Paper

Consultation Coordinator

Second floor Foss House

Kings Pool

1 to 2 Peasholme Green

York

YO1 7PX

Deadline 23:59 on 11 May 2022

Further information:

Protection of Badgers Act 30 Years

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 Protection of Badgers Act ('PBA'), sentencing related to animal welfare has moved on and there's a glaring inequality for crimes against badgers. It's time to catch up.

Under the Animal Welfare (Sentencing) Act 2021, those committing the most serious animal cruelty crimes to a domestic animal in England and Wales can face prosecution with up to 5 years in prison. Similar animal cruelty committed against a wild badger can only be given a maximum of a 6-month prison sentence under the Protection of Badgers Act.

PBA30 Campaign: tougher sentencing to protect badgers

We're marking the 30th anniversary of the Protection of Badgers Act (1992) with a new campaign – PBA30 Act for Badgers. The campaign calls on the Government to bring sentencing under the PBA up-to-date. There is clear inequality and unfairness in current legislation, and Badger Trust wants to see consistency in how the law protects different animals. Badgers deserve to be recognised as sentient beings in need of maximum welfare protection in line with domestic animals. Six months is no deterrent. Five years is what is needed.