Badgers

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The badger is one of the most charismatic creatures in our countryside. The worst threat they face is from badger baiting, in which people send dogs down badger setts and gamble on which animal survives the resultant fight.

The Nature Conservation (Scotland) Act, 2004, amended the Protection of Badgers Act, 1982,
further enhancing the measures in place to prevent this cruel sport.

Under this legislation it is an offence to:

• willfully take, kill or injure a badger

• possess a badger, live or dead, or any part of a badger if obtained in contravention of the Act

• cruelly ill treat or dig for a badger, or use badger tongs

• intentionally or recklessly interfere with a badger sett by damaging, destroying or obstructing it, cause a dog to enter it, or disturb a badger occupying it

• cause or permit, or attempt to commit any of these offences.

A person who is in possession of anything capable of being used for committing an offence against badgers is guilty of the offence.

Any person who appears to be attempting to kill, injure or take a badger is presumed to be doing so unless the contrary is shown.

EXCEPTIONS

An offence is not committed by having a live badger if it has been disabled otherwise than by that person's unlawful act and is kept solely for tending and releasing when no longer disabled.
Nor is the unavoidable killing or injuring of a badger as an incidental result of a lawful action an offence.
Occasionally a badger may be found so seriously injured or disabled that to have it humanely put to sleep would be the best course of action. This is not an offence.

BADGER SIGNS

A badger sett is defined as any structure or place which displays signs indicating current¤ use by badgers.

As an initial guide, signs may include:-

• 'D' shaped entrance holes

• well worn pathways to and from sett

• latrine pits and scratch marks

• paw prints showing 5 digits and claws

• distinctive coarse black and white banded hairs

• active setts normally have spoil heaps outside

¤ Scottish Natural Heritage define 'current use' as 'any sett within an occupied badger territory regardless of when it may have been last used'. Thereforea sett is classified as in current use even if only used seasonally or occasionally by badgers, and afforded the same protection in law as one in frequent use.

Police Powers  

The main offences under the Protection of Badgers Act, 1992, as amended y the Nature Conservation (Scotland), 2004, are punishable by up to 3 years imprisonment, an unlimited fine, or both.

If a police officer has grounds for reasonably suspecting that a person is committing or has committed an offence against badgers, they may stop and search that person, search for, or examine anything the person may have in his possession and seize anything which may e evidence.

If they have reasonable suspicion the constable may arrest that person.

To exercise the above powers the officer may without warrant, and with other persons, machinery or equipment, enter any land other than dwellings or lockfast premises.