Livestock worrying in Scotland -- new legislation

Dry Rot

Member
Livestock Farmer



This Member’s Bill was introduced by Emma Harper MSP. It amends the existing law on what is called “livestock worrying”, which is where a dog chases, attacks or kills farmed animals.


The Bill:


  • increases the maximum penalty to a fine of £5,000 or imprisonment for six months
  • allows the courts to ban a convicted person from owning a dog or allowing their dog to go on agricultural land
  • gives the police greater powers to investigate and enforce livestock worrying offence. This includes by going onto land to identify a dog, seize it and collect evidence from it
  • allows other organisations to be given similar powers
  • extends the “livestock worrying” offence to cover additional types of farmed animal

You can find out more in the document prepared on behalf of Emma Harper, MSP that explains the Bill.
 

Frank-the-Wool

Member
Livestock Farmer
Location
East Sussex



This Member’s Bill was introduced by Emma Harper MSP. It amends the existing law on what is called “livestock worrying”, which is where a dog chases, attacks or kills farmed animals.


The Bill:


  • increases the maximum penalty to a fine of £5,000 or imprisonment for six months
  • allows the courts to ban a convicted person from owning a dog or allowing their dog to go on agricultural land
  • gives the police greater powers to investigate and enforce livestock worrying offence. This includes by going onto land to identify a dog, seize it and collect evidence from it
  • allows other organisations to be given similar powers
  • extends the “livestock worrying” offence to cover additional types of farmed animal

You can find out more in the document prepared on behalf of Emma Harper, MSP that explains the Bill.

Should have the same everywhere. This would wake the idiots up.
Well done Scotland.
 

It’s £40,000!!!

I spoke to a friend of mine today and he’s pushing for the same in Wales 💪🏼👍🏻
Not sure where the article is getting it's figures from. The draft bill on the Scot Gov website says £5k fine or 6 months as stated in the OP.
The maximum sentences are almost never used and the chances of getting the custodial sentence on a first or even second offence are next to nothing. Just another headline grabber that will boil down to a few people a year being fined £20/week for a few months imo
 

Dry Rot

Member
Livestock Farmer
Not sure where the article is getting it's figures from. The draft bill on the Scot Gov website says £5k fine or 6 months as stated in the OP.
The maximum sentences are almost never used and the chances of getting the custodial sentence on a first or even second offence are next to nothing. Just another headline grabber that will boil down to a few people a year being fined £20/week for a few months imo

I can't get that page up again (Server Error and slow connection), but are not the current penalties £5 and 6 months and the figures of £40,000 and 12 months the ones proposed in the bill? So not yet law? Maybe someone could check before fake news becomes fact!
 
I can't get that page up again (Server Error and slow connection), but are not the current penalties £5 and 6 months and the figures of £40,000 and 12 months the ones proposed in the bill? So not yet law? Maybe someone could check before fake news becomes fact!
From reading the explanatory notes, the current fine is a hopelessly out of date "not more than ten pounds". This bill proposes increasing it to "Level 3 on the standard scale" which is £5k. As I said, I don't know where these other figures are coming from unless I'm massively misunderstanding something.
The new bill does significantly expand the powers of constables to force entry to seize dogs or obtain samples both with and without a warrant. It also updates the wording of the civil legislation that prevents you from being sued for shooting such a dog. I was slightly concerned that they would give the police new powers and then use that as an excuse to remove existing powers from farmers but that's not the case.
 

Dry Rot

Member
Livestock Farmer
From reading the explanatory notes, the current fine is a hopelessly out of date "not more than ten pounds". This bill proposes increasing it to "Level 3 on the standard scale" which is £5k. As I said, I don't know where these other figures are coming from unless I'm massively misunderstanding something.
The new bill does significantly expand the powers of constables to force entry to seize dogs or obtain samples both with and without a warrant. It also updates the wording of the civil legislation that prevents you from being sued for shooting such a dog. I was slightly concerned that they would give the police new powers and then use that as an excuse to remove existing powers from farmers but that's not the case.

Thanks for that. It is only a bill at this stage so presumably Emma is asking for a £40,000 fine in the hope of getting a significant increase on the current penalties, which is fair enough and what most of us do when requesting an increase in our overdraft limit at the bank! Ask for £10,000 in the hope of getting £5,000! :)
 
Thanks for that. It is only a bill at this stage so presumably Emma is asking for a £40,000 fine in the hope of getting a significant increase on the current penalties, which is fair enough and what most of us do when requesting an increase in our overdraft limit at the bank! Ask for £10,000 in the hope of getting £5,000! :)
Actually, I have to hold my hands up here. An amendment was tabled at the second reading which substituted "Level 3 on the standard scale" with "£40,000". So yes, the article and the previous poster were correct. :facepalm: It looks like proposals to extend certain powers to "inspectors" rather than just "constables" were also dropped. I think in Scottish legal language, an "inspector" in this context basically means SSPCA and perhaps the local authority as well. Given that it would have allowed the person executing the warrant to force entry to a lockfast place using reasonable force, it's probably more approriate that it's left to the police.
 

Al R

Member
Livestock Farmer
Location
West Wales
Sticking my neck out here, but isn't a custodial sentence a bit over the top?
I’m sure someone a few weeks ago lost 70 ewes in a dog attack without counting problems with the ones that survived. 70x £200 = £14k, if you did £14k of damage to something they’d look at a custodial although it would more than likely be a suspended sentence 🤷🏻‍♂️
 
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