This was about 5 years ago ,it went nowhere near covering the loss or hassle. The scanner was in the following week and he reckoned that there was 6 ewes with dead lambs inside them which I would attribute to the worrying. To be honest I was just happy to get her to court as she had history. Not sure if it means that she has some form of record?
Sheep Worrying Conviction
- Thread starter Sprig
- Start date
- Location
- Scottish Highlands
I think the OP is in Scotland in which case I believe the law was changed in May this year and the maximum fine if now £5,000. Bear in mind, that that is criminal law and the person who suffers worrying (which applies to other species of animals and birds) can also sue in the civil courts for financial losses which should include vet fees, property loss, your time, attendance, phone calls, etc.
As regards lack of interest by the police, at the very least, make a report in writing sending copies to The Chief Constable, your MP/MSP, etc. There is an excellent site called "Writetothem" which makes that easy. Get a crime number. Get a vet report as soon as possible. In short, spread the word as widely as you can.
As regards lack of interest by the police, at the very least, make a report in writing sending copies to The Chief Constable, your MP/MSP, etc. There is an excellent site called "Writetothem" which makes that easy. Get a crime number. Get a vet report as soon as possible. In short, spread the word as widely as you can.
- Location
- Scottish Highlands
It was proposed to be £5k, but actually ended up at £40k, although perhaps the 12 month imprisonment option might focus some dog owners' minds a bit more.
Important to note that whilst it came into law on 5th May 2021, there was a six month implementation phase so it only applies to offences committed since November 2021.
- Location
- Scottish Highlands
Can you give me the source of your information?
As I recall, a dog must be 'under control', so not necessarily on a lead. And 'worrying' needs to be defined and proved according to the circumstances.
Most of my life I have bred, trained, and hunted working gundogs. Pointers and setters (my speciality) can hunt a very wide area. Yet they may still be under 'strict control', let alone not "worrying livestock". I always regarded a dog that could not be stopped or 'dropped' at at least 100 yards as out of control and needing more training. (I expect mine to be controllable up to at least 200m). If there are sheep in the same enclosure, it does not follow that the same dog is "worrying" them. Dogs are sometimes very valuable and it would be foolish to shoot one simply because of where it is. The law is a two edged sword.
- Location
- Scottish Highlands
not necessarily on a lead, agreed. But if not then it needs to be at heel. I was more thinking about it being loose in a field without livestock. The act defines livestock worrying as:
- Location
- Scottish Highlands
Worth also pointing out that there are exceptions for working hunting dogs. I don't allow such animals amongst my livestock so it wouldn't apply to me and hence I haven't read it through fully.
TechWise
Member
- Location
- South Ayrshire, Scotland
Is OP in Scotland? If so, the law was recently updated and the penalties are quite a bit higher, with new powers of search and powers to take samples being brought in for police too. In fairness to the police, your average cop knows nothing whatsoever about farming and is even less likely to be aware of a livestock act from the 1950s. They certainly won't have been trained on it. I would remind the officer responsible that the Dogs (Protection of Livestock) Act 1953 exists, and that it is now punishable by imprisonment and you want it taken seriously. If they try to fob it off as a civil matter, a formal complaint is the way to go as that's absolutely not the case, which the recent updating of the law makes clear. That's not to say that you shouldn't also take legal advice regarding recouping your financial losses through the civil courts.
I believe similar alterations are to be made in E&W in the new Animal Welfare Bill but don't quote me on that.
I believe similar alterations are to be made in E&W in the new Animal Welfare Bill but don't quote me on that.
I am not in Scotland, I am in Wiltshire. I am very happy to make a nuisance of myself and escalate as far as I have to to ensure that a conviction is pursued. They might not end up handing out much in the way of a fine but I would like it to go formally on the record.
Hopefully seeing as the owner in this case has admitted via text that their dog was in with the sheep we will have more luck.
- Location
- Scottish Highlands
Make sure that you include all your costs in the police report/ statement, including any time spent etc. Odds are they may decide not to prosecute but broker a plea deal instead so you possibly won't get your day in court.
Go for their wallet, will probably bother them more than a day in court
It might not. They own a pet shop. A bit of bad press might be just the thing.
Guiggs
Member
- Location
- Leicestershire
If there is a next time I'd suggest the dog just dissappears and is never heard of again.
- Location
- Scottish Highlands
I don't think you can get off that easily!
Before a dog can be condemned for "worrying" I am pretty sure that proof will be required, though I do agree that the onus of proof will likely lie with the owner. Nor do I believe the degree of protection will apply only to "working hunting dogs"! Looks like we will see some interesting cases. (And before anyone says anything, I am playing Devil's Advocate as both an owner and former sheep breeder!
).farmerm
Member
- Location
- Shropshire
For those forced into shooting a worrying dog just make sure you don't botch the job, we have a legal defense to allow killing a dog that can not be stopped any other means but wound it and the law is rather less favorable.
- Location
- Scottish Highlands
I was saving you from reading the whole act - but be my guest.I don't think you can get off that easily!
Dogs (Protection of Livestock) Act 1953
An Act to provide for the punishment of persons whose dogs worry livestock on agricultural land; and for purposes connected with the matter aforesaid.
Not only working hunting dogs (the act says 'working gun dogs', but I tried to mirror your wording previous), it applies to other working dogs too. But you specifically mentioned hunting dogs, so that was the bit I focussed on. Would it help if I clarified that as I don't allow gundogs to work on my land, then they would by default not be lawfully working and hence not subject to the lawful protection of that particular clause?
- Location
- Scottish Highlands
I think you will be straying into the dangerous territory of definitions! What The Kennel Club classifies as a working gundog is probably a lot different to what I would call a working gundog, but then I did a lot of field trialing when I was younger!I was saving you from reading the whole act - but be my guest.
Dogs (Protection of Livestock) Act 1953
An Act to provide for the punishment of persons whose dogs worry livestock on agricultural land; and for purposes connected with the matter aforesaid.www.legislation.gov.uk
Not only working hunting dogs (the act says 'working gun dogs', but I tried to mirror your wording previous), it applies to other working dogs too. But you specifically mentioned hunting dogs, so that was the bit I focussed on. Would it help if I clarified that as I don't allow gundogs to work on my land, then they would by default not be lawfully working and hence not subject to the lawful protection of that particular clause?
- Location
- Scottish Highlands
I think you will be straying into the dangerous territory of definitions! What The Kennel Club classifies as a working gundog is probably a lot different to what I would call a working gundog, but then I did a lot of field trialing when I was younger!
That's the problem with definitions.
I'd argue that it may well be a gundog, but it ain't working if I haven't given it a job to do.
.303 or 12 bore?
- Location
- Montgomeryshire