Badgers and the Law.
Being that the law relating to badgers is so complex we will only be able to give a brief over view of the subject here, as the Badgers Act’s which have been passed by Parliament since its introduction are quite comprehensive.
Badgers are fully protected by law. This basically means that the handling of badgers is illegal unless a special license has been granted for the purpose.
In 1973 the Badgers Act was passed by Parliament. This was amended by the wider ranging Wildlife and Countryside Act in 1981, which in turn was further amended in 1985 and by the Badgers Act 1991, and the Protection of Animals Act 1911 consolidated into the Protection of Badgers Act 1992.
The more impotent amendments were necessary because of existing loopholes. The law is now consolidated, and essentially protects badgers from persecution and ill - treatment, whether intentional or not. When caught digging a sett the onus is now on the defendants to prove their innocence rather than the prosecution having to prove their guilt.
Previously many offenders were able to claim that they were digging for foxes or rabbits ( which are both still legal activities ) and that they didn’t know that they were digging at a badger sett. Now defendants have to prove that they were not digging for badgers, which is a more difficult task. The main offences relating to badgers include ( in brief );
(1) To wilfully kill, injure or take any badger or attempt to do so.
(2) To cruelly ill - treat a badger or use badger tongs.
(3) To possess a dead badger or part of, or anything derived from a dead badger, to offer for sale or have in possession any live badger, or to mark or attach any ring, tag or other marking device.
The only exceptions being ( a ) Mercy killing, ( b ) Unavoidable killing as an incidental result of a lawful action, ( c ) Temporarily tending an injured badger.
The original act protected the badger but not its home, the badger sett, but further legislation encompassed in the Protection of Badgers Act of 1992, makes it an offence to damage, destroy, obstruct access to, or an entrance of a badger sett, cause a dog to enter a sett, or disturb a badger when occupying a sett. There are certain exemptions relating to the blocking of a badger sett entrances by fox hunts and strict conditions are laid down as to the manner in which this is carried out.
DEFRA. And English Nature are the only authorities able to issue licences for various operations affecting badgers and their setts, such as housing developments, agriculture, forestry, control of foxes etc. In addition courts are now empowered to make an order for the destruction or disposal of a dog, or disqualify the offender from having custody of a dog, where a dog was used or present at the commission of an offence under S.1 or S.2 of the Badgers Act 1992.
In 1973 the Badgers Act was passed by Parliament. This was amended by the wider ranging Wildlife and Countryside Act in 1981, which in turn was further amended in 1985 and by the Badgers Act 1991, and the Protection of Animals Act 1911 consolidated into the Protection of Badgers Act 1992.
The more impotent amendments were necessary because of existing loopholes. The law is now consolidated, and essentially protects badgers from persecution and ill -
Previously many offenders were able to claim that they were digging for foxes or rabbits ( which are both still legal activities ) and that they didn’t know that they were digging at a badger sett. Now defendants have to prove that they were not digging for badgers, which is a more difficult task. The main offences relating to badgers include ( in brief );
(1) To wilfully kill, injure or take any badger or attempt to do so.
(2) To cruelly ill -
(3) To possess a dead badger or part of, or anything derived from a dead badger, to offer for sale or have in possession any live badger, or to mark or attach any ring, tag or other marking device.
The only exceptions being ( a ) Mercy killing, ( b ) Unavoidable killing as an incidental result of a lawful action, ( c ) Temporarily tending an injured badger.
The original act protected the badger but not its home, the badger sett, but further legislation encompassed in the Protection of Badgers Act of 1992, makes it an offence to damage, destroy, obstruct access to, or an entrance of a badger sett, cause a dog to enter a sett, or disturb a badger when occupying a sett. There are certain exemptions relating to the blocking of a badger sett entrances by fox hunts and strict conditions are laid down as to the manner in which this is carried out.
DEFRA. And English Nature are the only authorities able to issue licences for various operations affecting badgers and their setts, such as housing developments, agriculture, forestry, control of foxes etc. In addition courts are now empowered to make an order for the destruction or disposal of a dog, or disqualify the offender from having custody of a dog, where a dog was used or present at the commission of an offence under S.1 or S.2 of the Badgers Act 1992.
