What counts as badger crime? How to stay within the law and best protect badgers

In Badger Trust’s recent National survey on public awareness of badger related issues, only 36% of participants claimed to be aware that badgers and their setts are protected by law.

The survey, conducted in collaboration with YouGov, sampled 1,676 British adults on badger related issues, including the controversial government-led badger cull and badger crime. With 64% of respondents either unaware or unsure of the legal protections afforded to badgers, it is little wonder that badger crime can often go unrecognised and therefore unreported.

The Protection of Badgers Act (1992) was a landmark achievement for badgers, providing the species with unrivalled protection amongst native British wildlife. Under the Protection of Badgers Act (1992,) it is illegal to harm, kill, or interfere with badgers or their setts, and failure to comply with the legislation can lead to six months imprisonment.

It is, however, clear from the survey results that greater awareness of badger crime is needed so that the public know how to protect badgers and their setts and stay within the boundaries of the law.

Accidental or ‘negligent’ badger crime

The most common badger crime reported to Badger Trust each year is sett interference, which covers any activity that disturbs a badger’s sett. For example, a dog off the lead in badger habitats may inadvertently damage, enter or otherwise interfere with a badger sett. In this case the dog’s owner would be legally responsible and could be prosecuted under the Protection of Badgers Act (1992). Therefore, it is vital that people act responsibly around badger setts; keeping dogs on leads and children supervised helps to ensure they won’t cause accidental damage to badger homes. These forms of sett interference are recognised as ‘negligent crimes’, and, whilst they may occur by accident, they are still an offence under the Protection of Badgers Act (1992).

Another common badger crime is accidental or intentional damage to badger setts during forestry, farming, and development activities. The Protection of Badgers Act (1992) applies in these cases too, and people involved are expected to know the law. For example, when applying for planning permission developers are expected to be aware of protected areas and species in the proposed development site. Therefore, badger sett blocking by developers, landowners and forestry workers is a criminal activity and must be reported to Badger Trust and the local police authority immediately.

If you suspect you have witnessed a negligent badger crime it is important to remember the three R’s: Recognise, Record, and Report it.

Intentional or ‘malicious’ badger crime

Badger baiting is an illegal blood sport in which badgers are dug out of their setts and set upon by dogs, typically terriers. Originally banned in 1835 under the Cruelty to Animals Act, badger baiting continues to be an offence under the Protection of Badgers Act (1992) and must be reported to the police and Badger Trust immediately. Badger baiting is a gruesome experience for both badgers and dogs. Contemporary badger baiting is typically conducted by gangs who send their terriers into sett entrances with a GPS tracking device attached to their collars. The perpetrators, often known as ‘Terrier men’, will follow the GPS signal to locate the dog’s position underground and set about digging the terrier and the badger out. For some terrier men, the ‘sport’ is a recreational activity, and badgers are killed by either the dogs or the human perpetrators at the dig site. For others, badger baiting can be a lucrative sideline and badgers are taken from the sett for baiting by dogs in a spectated gambling arena.

Unfortunately, badger baiting continues to be a popular blood sport. The 2020 Wildlife Crime Report reported a 36% rise in badger crime, and badger baiting is also an example of cyber-enabled wildlife crime. Badger baiting images are shared online to normalise and promote this cruel practice, with social media platforms allowing for greater ease of terrier men networking.

Common signs of badger baiting include groups of men carrying shovels accompanied by terriers and sometimes lurchers that will chase escaping badgers above ground. Police and landowners rely on the public to report suspicious activity, but it is important that witnesses keep their distance to avoid endangering themselves.

One of the most frequently reported badger crimes to Badger Trust is the blocking of setts, with a notable relation to illegal fox hunting. Fox hunting is an illegal activity under the Hunting Act 2004, but unfortunately, continues to be a popular activity among some in the hunting community. Foxes fleeing from dogs will hide in badger setts and, to prevent losing the fox, huntsmen will block sett entrances in hunt areas.

What can you do to Act for Badgers?

1. PBA30 Campaign: tougher sentencing to protect badgers

You can join our PBA30 campaign and add your voice to our call for better protection for badgers. We’ve written to the Defra Secretary of State, Rt Hon George Eustice MP, to ask him to extend sentencing for badger crime. This would mean sentences for crimes such as badger baiting and shooting would present a real deterrent to badger abusers.

You can write to the Secretary of State and your MP too. The more letters they receive, the more chance we have of bringing about change, and as quickly as possible.

Find your MP’s contact details and use our PBA30 letter templates to get you started.

2. How you can report badger crime and suspicious incidents

Recording and reporting badger crime helps investigators bring offenders to justice.

If a badger crime or suspicious incident is in progress:

• call 999 and ask for police assistance

• ensure you get a reference number for your call

• report the incident on our website using our online form

If a badger crime has already happened:

• call the police on their non-emergency number 101, or online to your relevant police force using “report a crime”.

• ensure you get a reference number for your call

• report the incident on our website using our online form

In all cases, keep yourself safe and do not approach or disturb the scene.

Further information

Badger Trust relies on reports of illegal activity at badger setts from the public. It also receives crime reports from its affiliated Badger Groups and supporters. The charity’s experienced Crime Officer – dedicated to monitoring and tracking badger crime across England and Wales – reviews the reports and works closely with the police to follow ongoing investigations and assist as needed, giving the best chance to achieve more wildlife crime prosecutions.

Every report received supports vital campaigning work calling for changes to the law to improve the lives of thousands of animals. As a member of Wildlife Link, the data shared also forms part of the annual Wildlife Crime report.

Badger Trust provides training to police forces across England and Wales and has now trained 42 of the 43 police forces. Wildlife crime has remained a prominent issue facing badgers and causes a staggering number of badger deaths each year. Yet very few end up being brought to justice. Outdoor crime scenes are especially challenging. Badger Trust aims to ensure that any police officer arriving on the scene knows how to identify a badger sett and evidence of badger crime.