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Is it illegal to kill a wild animal at work?

444 replies

SilverDoe · 27/01/2022 09:57

Posting for traffic. Is illegal/possible to pursue for animal cruelty if someone kills a wild animal in their work place?

I have been googling but I can only find information really regarding livestock and pets.

OP posts:
Teddybonkers123 · 27/01/2022 10:26

The Wildlife and Countryside Act 1981 is the primary legislation which protects animals, plants and habitats in the UK.

Basic protection

All birds, their nests and eggs are protected by law and it is thus an offence, with certain exceptions (see Exceptions), to:

Intentionally kill, injure or take any wild bird.
Intentionally take, damage or destroy the nest of any wild bird while it is in use or being built.
Intentionally take or destroy the egg of any wild bird.
Have in one's possession or control any wild bird, dead or alive, or any part of a wild bird, which has been taken in contravention of the Act or the Protection of Birds Act 1954.
Have in one's possession or control any egg or part of an egg which has been taken in contravention of the Act or the Protection of Birds Act 1954.
Use traps or similar items to kill, injure or take wild birds.
Have in one's possession or control any bird of a species occurring on Schedule 4 of the Act unless registered, and in most cases ringed, in accordance with the Secretary of State's regulations (see Schedules).
Intentionally or recklessly disturb any wild bird listed on Schedule 1 while it is nest building, or at a nest containing eggs or young, or disturb the dependent young of such a bird.

Fines

Penalties that can be imposed for criminal offences in respect of a single bird, nest or egg contrary to the Wildlife and Countryside Act 1981 is an unlimited fine, up to six months imprisonment or both.

The most notable exceptions to the Wildlife and Countryside Act include:

An authorised person (eg a landowner or occupier) may kill or take, in certain situations and by certain methods, so called 'pest species' and destroy or take the nest or eggs of such a bird. This is permissible under the terms of General Licences issues by government departments (see Licences).

You'd need more information about the situation and method used, but you can report it to the RSPB. www.rspb.org.uk/birds-and-wildlife/advice/wildlife-and-the-law/wildlife-and-countryside-act/exceptions/.

Redbeanpasta · 27/01/2022 10:26

@XiCi

So you basically have no details whatsoever of what happened. Just a bit of overhead conversation and you have emailed his employer? I think that's awful tbh. Maybe try and at least get some of the facts before you try and get someone sacked!
This tbh, you've heard off your husband who heard an argument between two others and have no idea what has happened. If the woman from the school is in full knowledge of what happened she will probably report it herself or complain to the chain of shops.
Viviennemary · 27/01/2022 10:27

Go on the rspb website and report this if you think this person has acted illegally.

FateHasRedesignedMost · 27/01/2022 10:27

If it was in his shop it was a hygiene hazard, maybe he got fed up of chasing it out or cleaning up bird poop. Or it was landing on food or upsetting customers?

I think it’s a bit bizarre to want to prosecute someone for killing a wild bird on their own property. What if it had been a pigeon, mouse, rat or other vermin? Would you try to report him for using a mouse trap?

Shade17 · 27/01/2022 10:30

Also remember that this will need to be proven beyond reasonable doubt.

SilverDoe · 27/01/2022 10:30

It was a co op.

The magpie was not hurt, the manager killed him because he considered him a nuisance by hopping into the shop - despite the fact that he wasn't bothering or harming anyone. He also did not stay in the shop for long periods.

We know this because we are there basically twice a day! Just on Tuesday he had taken a shine to my partner :( There were just so many other options apart from to kill him which is what I can't get over.

OP posts:
Friendofdennis · 27/01/2022 10:32

I would be upset too. You had seen the magpies personality and got to know him as a living sentient little creature.

Hoppinggreen · 27/01/2022 10:32

If you have absolute proof her did it and caused it suffering then there is a possibility that he could be prosecuted but sadly even if you did it would be very unlikely that he would be
He’s an evil fucker though and I would avoid him

SilverDoe · 27/01/2022 10:33

@XiCi

It's legal to kill magpies. It wasn't that long ago that some councils paid you to do so. They are vermin and kill other birds and are responsible for declines in numbers of many bird species
How much evidence do you need? The bird is gone. It has been killed, people in the area clearly know. You don't need to be Sherlock Holmes to connect the dots.

He is not going to get sacked over this. Sadly no one will care enough. But I want this known, I'm not ashamed of that and I think anyone engaging in animal cruelty should be punished if it is deemed animal cruelty, which it is given the information offered on this thread about when it is and isn't appropriate or legal to kill animals.

OP posts:
Soubriquet · 27/01/2022 10:35

Legally, wild birds cannot be in places that has food. It’s a hygiene risk.

Unfortunately the shop keeper has done the right thing. There isn’t anyway you could stop the magpie from coming in

SilverDoe · 27/01/2022 10:35

@Friendofdennis exactly, that's exactly what it is :(

@Hoppinggreen I definitely will, I could never look at someone the same after this. It's bloody frustrating though as the shop is very convenient!

OP posts:
Teddybonkers123 · 27/01/2022 10:35

I think it really depends on the method used - was it done humanly and for justifiable reasons? If not, then I'd definitely report.

QuestionsorComments · 27/01/2022 10:36

A magpie "hopping" into a shop and doing what magpies do is almost certainly a nuisance. Or will you be buying produce from a shop covered in bird droppings?

SliceOfCakeCupOfTea · 27/01/2022 10:36

How do you know the bird wasn't injured? I don't get it.

SliceOfCakeCupOfTea · 27/01/2022 10:37

Have you clarified any of the details your husband overheard? Did he hear the whole argument from start to finish?

PossiblyDreaming · 27/01/2022 10:37

Don’t contact the RSPB, they’re a conservation charity not a wildlife rescue. They will advise you to phone 101.

SilverDoe · 27/01/2022 10:38

@SliceOfCakeCupOfTea

How do you know the bird wasn't injured? I don't get it.
Because we've seen him all week, he's a well known feature of the local shops.
OP posts:
Goldenbear · 27/01/2022 10:38

The engagement of the bird with people sounds really sweet. I don't understanding how someone knowing that could then just kill it. I would not be visiting that shop again.

SamphiretheStickerist · 27/01/2022 10:39

And from pest controllers. It's out of date, but even in 2016 it would not have been allowed just because he thought it might be a good idea!

www.diy-pest-control.co.uk/blog/wild-birds-protected-or-not/

BernadetteRostankowskiWolowitz · 27/01/2022 10:39

@QuestionsorComments

A magpie "hopping" into a shop and doing what magpies do is almost certainly a nuisance. Or will you be buying produce from a shop covered in bird droppings?
This

I wouldn't advocate violence, but I have no problem a proprietor carrying out pest control.

If it was a rat, would you feel the same?

Teddybonkers123 · 27/01/2022 10:39

If it's a co op then there might be CCTV of the incident?

He certainly could be sacked over this. I work on an industrial site where an individual was sacked for culling seagull chicks by stamping on them.

SilverDoe · 27/01/2022 10:39

@QuestionsorComments

A magpie "hopping" into a shop and doing what magpies do is almost certainly a nuisance. Or will you be buying produce from a shop covered in bird droppings?
I'm not arguing that the bird should have been allowed to set up home in the shop. I'm saying there are 50 things that could have been done aside from killing him!
OP posts:
Wreath21 · 27/01/2022 10:39

This reply has been deleted

Message deleted by MNHQ. Here's a link to our Talk guidelines.

Lookforwardtosummer · 27/01/2022 10:39

That's horrific, poor thing. Vile man.

Soubriquet · 27/01/2022 10:40

But there isn’t!

How do you stop a highly intelligent bird from entering a shop, if they are that determined to go in?

You can’t.

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