Guide summary

You should have a written wildlife crime prevention policy for all staff and agents
You should train every gamekeeper and land worker on the law on wild birds, traps and poisons
You should carry out regular unannounced audits of traps, snares and game management activities
You should keep records of all birds and animals controlled under general or specific licences
You should report suspected wildlife crime to Police Scotland immediately, on 101
You can be prosecuted whether or not your employee or agent is
Penalty on summary conviction: up to 12 months in prison, a £40,000 fine, or both, per offence
Your grouse licence can be suspended or revoked if anyone involved in managing the land commits a wildlife offence

Shooting, trapping and predator control put gamekeepers close to birds of prey and other protected birds. Scottish law makes the person who holds or controls the shooting rights answerable for certain offences their staff commit on the land.

Raptor persecution and vicarious liability in Scotland

Criminal offences relating to raptor persecution in Scotland, including vicarious liability under section 18A of the Wildlife and Countryside Act 1981 (inserted by section 24 of the Wildlife and Natural Environment (Scotland) Act 2011), which can make people who hold or manage the right to kill or take wild birds on land criminally liable for certain offences committed by their employees or agents.

The Wildlife and Natural Environment (Scotland) Act 2011 (WANE Act) inserted section 18A into the Wildlife and Countryside Act 1981, in force from 1 January 2012. It creates vicarious liability: if your employee or agent commits certain wild bird or trapping offences on land where you have the right to kill or take wild birds, or manage that right, you can be guilty of the offence too, even if you did not take part. Section 18B extends this to people providing services such as gamekeeping or predator control for you.

Vicarious liability provision: Wildlife and Countryside Act 1981 s.18A, inserted by WANE Act 2011 s.24
Who is liable: A person who has the legal right to kill or take wild birds on the land, or who manages or controls that right
Services secured through others: Also applies to offences by people providing land management services for you (s.18B)
Relevant offences: Wild bird offences under s.1, prohibited methods under s.5(1)(a)–(b) and s.11, and pesticide possession under s.15A
Most targeted species (2023-25): Golden eagle, peregrine falcon, red kite, white-tailed eagle
Due diligence defence: You did not know of the offence and took all reasonable steps and exercised all due diligence to prevent it
Penalty (summary conviction): 12 months in prison, a £40,000 fine, or both, per offence
Penalty (conviction on indictment): 5 years in prison, an unlimited fine, or both
Wildlife crime officers: Police Scotland has a wildlife crime liaison officer and wildlife crime officers in each division
Prosecution: COPFS Wildlife and Environmental Crime Unit handles all wildlife crime cases

Due diligence steps for land managers and estates

To be able to rely on the due diligence defence, you should:

Implement a written wildlife crime prevention policy
Train all gamekeepers and land workers on protected species law
Conduct regular unannounced audits of traps, snares, and game management activities
Keep records of all wildlife management activities carried out under general or specific licences
Report any suspected wildlife crime to Police Scotland immediately

What managing the right covers

Managing the right to kill or take wild birds includes running the shooting itself, managing the birds' habitat, controlling their predators and releasing reared birds to be shot. You can be prosecuted whether or not your employee or agent is. Be ready to show in writing what you did to prevent offences before anything went wrong.

Your grouse licence

Shooting red grouse needs a licence covering the land. The licence can be suspended or revoked if the licence holder, or anyone involved in managing the land, commits a wildlife offence that supports the shooting, or knowingly lets someone else do so.

A written wildlife crime policy

Set out what staff and agents may and may not do, and that breaking wildlife law is a disciplinary matter.
Training for every keeper and agent

Make sure everyone who controls predators or manages birds knows the law on wild birds, traps and poisons.
Regular checks of traps and predator control

Inspect traps and records yourself or through someone independent, and keep notes of each check.
Records of licensed control

Keep records of all birds and animals controlled under general or individual licences.
A route for reporting concerns

Tell staff to report suspected wildlife crime to Police Scotland on 101, and do so yourself.

Legal basis

Primary legislation and key regulations

Wildlife and Countryside Act 1981 Primary 1981 · UK-wide WNESA 2011 Primary 2011 · Scotland

Browse UK legislation legislation.gov.uk

Official guidance

Wildlife crime (opens in a new tab)

www.gov.scot · Scotland

Protected species (opens in a new tab)

Prevent wildlife crime on a shooting estate in Scotland

What managing the right covers

Your grouse licence

A written wildlife crime policy

Training for every keeper and agent

Regular checks of traps and predator control

Records of licensed control

A route for reporting concerns

Legal basis

Official guidance

Related guides in Environment & Sustainability

Avoid protected species offences in Scotland

Wildlife management and muirburn licensing in Scotland

Understand farm rules after cross-compliance ended

Remove or manage hedgerows lawfully

Manage invasive non-native species on your land