Operation Lepus
The coursing of hares and deer in Perth & Kinross and Angus is unfortunately still commonplace and is a source of irritation to landowners, farmers and gamekeepers, as well as to most of those who live in or frequent the countryside. There is also strong evidence that many of those involved in this illegal activity are also involved in other criminality.
Police officers are well briefed in relation to the law in respect of coursing, their powers in different circumstances, and methods, in some cases, of negating some of the excuses proffered by those involved.
Tayside has two specialist wildlife prosecutors as part of the Crown Office and Procurator Fiscals' Service. They are aware of Operation Lepus and its aims and are most likely to be the prosecutors of any wildlife crime coming to court. Several successful prosecutions take place each year as part of Operation Lepus.
In September and October 2010 a joint operation against hare coursing was part-funded by PAW Scotland and carried out by Tayside Police and Grampian Police. In Tayside the operation ran from 26 September until 26 October. Two double-crewed marked police vehicles were used three days per week, one based in Perth and the other based in Forfar. Letters briefing farmers, landowners etc were distributed during the patrols.
Possibly because of the high-visibility patrols on quiet country roads, there were no coursing incidents reported at all in Eastern Division (Angus), and none in Western Division (Perth & Kinross) until Thursday 14 October. Though further coursing incidents took place in Western Division on Saturday 16 and Tuesday 19 October, the only incident that was reported while a patrol was active was on Sunday 31 October.
In one of these incidents one of the persons involved was named by a witness, while in another, one was identified from photographs. In a coursing incident in Eastern Division that took place in September but before the start date of the operation, identification of a suspect was obtained from DNA. Investigations into these three incidents continue and it is hoped that reports will be sent to the procurator fiscal.
The total number of hare coursing incidents in Tayside for year 2009 v 2010 are :
2009 - 44 hare coursing incidents
2010 - 28 hare coursing incidents (11 months only).
Although it must always be appreciated that, dependent on where they are and what other incidents are ongoing, police may take some time to arrive at a coursing incident, we will do our best to arrive as quickly as possible and take decisive action when the evidence allows. The following guidance is issued to farmers and others most likely to witness coursing :
How the public can help
- Report every coursing incident or suspected incident to the police.
- As soon as suspects are seen in the area, even if they have not yet been seen coursing, notify the police so that they have a chance to make for the area.
- Note the vehicle details accurately, including registration number, colour and make.
- Note description of those involved and who is doing what. It is essential for the police to identify where there may be evidence against some though not all of the persons.
- If possible try to identify who appears to own which dog.
- At times you are most likely to encounter poachers, carry a mobile phone, notebook or clipboard, and try to have someone with you to corroborate what you are seeing. This is the most important aspect as courts cannot convict where there is no corroboration of relevant facts.
Bear in mind that in the offence of hunting a wild mammal, the definition of to hunt is to search for or course. That those involved may not catch a hare with their dogs or even chase a hare is not important : it is sufficient that it can be established that they are searching for hares for their dogs to course.
One person was convicted after trial in Arbroath Sheriff Court and during the incident, which took place at night, he had never left the vehicle.
It is not an offence, with the landowner's permission, to course a rabbit with a dog. Neither is it an offence if a dog inadvertently takes off after a hare while being walked; it must be proved to a court that the coursing is deliberate.
Further help on poaching or other wildlife-related crime is available from Constable Blair Wilkie, Tayside Police Wildlife and Environmental Crime Officer, on 01307 303530.
Penalties
Penalties are mainly fines ranging between £150 and £400. In one case community service was imposed, one person was disqualified from driving for 2 years for using his car during the commission of hare coursing, and in a further two cases disqualification from driving was a penalty the sheriff was considering.
Under the Criminal Proceedings etc (Reform) (Scotland) Act 2007 the maximum penalty for coursing with dogs has doubled to 12 months imprisonment or a fine of £10,000.
Conclusions
Many incidents have only a single eyewitness. In one case this was corroborated by an admission from the suspect, while in two other multi-charge cases the Moorov Doctrine was utilised. Evidence is also obtained from a search of the field or fields involved, with marks relevant to the search or pursuit of hares being found and shown on a sketch prepared for the court.
Even though there may be insufficient evidence in some cases to enable a suspect to be charged, the proportion of such incidents where the identity of the suspect has been established has increased considerably over the five-year period of the operation.
The lower incidence of coursing in the second and third years indicates a degree of deterrence. This is especially so since it is likely that the police are made aware of a higher proportion of incidents because of the awareness-raising and increased confidence of farmers. The increased detection rate from an estimated <10% prior to the operation to 30% in the first year and 37.5% in the second year is encouraging. Though detections were slightly down during year three, it was encouraging that there were only 18 incidents reported. In 2010, annual hare coursing incidents remain at a much lower level than when the operation started in 2005.
All complainers are contacted as soon as possible after the incident by the Force Wildlife Crime Officer. This has the dual value of ensuring that best evidence has been made known and is being acted on, and assures the complainers that the investigation of the incident is being taken seriously.
