Regular blog readers will know that we’ve been chasing information about the first potential prosecution under the new vicarious liability legislation for some time.
The case in point relates to the conviction of gamekeeper Peter Bell, who was guilty of poisoning offences on the Glasserton and Physgill Estates in December 2012 (see here).
In July 2013 we asked the Environment Minister for an update on the VL prosecution (see here). He replied in August and said it would be inappropriate to comment as police enquiries had not yet concluded (see here). Fair enough.
By early October we expected the police enquiries to have been completed, ten months after the original offence was committed, so we asked the Environment Minister for an update (see here).
One of our blog readers wrote the following comment a couple of days ago:
“I duly sent an e-mail to Mr Wheelhouse about the update on whether or not there would be a prosecution under the vicarious liability following Mr Bells conviction. I’m apparently not allowed to post the reply anywhere but was told Mr Wheelhouse is unable to enter into discussion about such matters and I was pointed in the direction of The Crown Office and Procurator Fiscal Service for any information I might want“.
Interesting. So the first excuse given was that ‘police enquiries had not yet concluded’, and that has now changed to ‘Wheelhouse is unable to enter into discussion’ (and apparently members of the public are not permitted to publish the Minister’s replies to their queries).
Anyone getting the impression that these answers are designed to subdue any further reporting on this case?
Wheelhouse has apparently suggested contacting the Crown Office and Procurator Fiscal Service for the information. Let’s do that, taking note of the word ‘service’ – they are supposedly serving us, the general public.
The thing is, we’re not too sure who within COPFS to contact for this information. Rumour has it that the head of the Wildlife and Environmental Crime Unit (WECU) at COPFS, Craig Harris, has since moved on. Rumour also has it that a new head of unit has been installed although it’s not clear who that person is, although six-figure-Dysart’s name has been mentioned. Hmm.
We could ask the Lord Advocate, Frank Mulholland QC, who is the ministerial head of COPFS, although we’ve been unable to find a direct email address for him.
Let’s try our luck with the COPFS’s general email address and ask the following questions:
Dear COPFS,
Please can you tell us the name of the new head of the Wildlife and Environmental Crime Unit at COPFS? And please could you tell us whether there will be a prosecution under the vicarious liability legislation relating to the poisoning offences carried out at the Glasserton and Physgill Estates in December 2012? Thanks.
Emails to: enquirypoint@copfs.gsi.gov.uk
UPDATE: The email address to use is apparently this: _WildlifeSpecialists@copfs.gsi.gov.uk Please note the underscore at the beginning of the address. Thanks to the contributors who have provided this new address.
Raptor Persecution UK 
The email convention in the Scottish government is firstname.surname@scotland.gsi.gov.uk – however this document (from the National Records of Scotland, dated Sept 2013) indicates that emails for Frank MulHolland should be sent to colin.troup@scotland.gsi.gov.uk
Click to access PRSAContactsSeptember2013.pdf
Hope that helps
H
@HuwSayer
And what a coincidence that, on the 16th October, 2013, the Law Commission put out an interim statement on the review it had carried out on wildlife legislation in England and Wales and rejected the idea of recommending that Vicarious Liability should be put forward for inclusion as law. A watered down version was suggested in its place. I’ve put out a Blog ( http://birdingodyssey.blogspot.co.uk / ) evaluating what is now needed as RSPB had placed great strength in the hoped for adoption of VC within the Law Commission’s recommendations.
The timing of all this is interesting, or am I being cynical?
Email duly sent! Will let you know if I hear back. :-)
I’ve just been told to email: _WildlifeSpecialists@copfs.gsi.gov.uk
Note, the underscore at the start is part of the address.
An e-mail sent to the address above (enquirypoint@copfs.gsi..gov.uk) has been returned to me undelivered.
It’s the underscore pete. that one needs the underscore too. I emailed it successfully, and I was passed on to: _WildlifeSpecialists@copfs.gsi.gov.uk
The email address for copfs is incorrect. It should be preceded by an underscore.
I too have been redirected to COPFS, by Wildlife Crime Policy Office (Karen Hunter) at the Minister for Environment Scottish Government office (Paul Wheelhouse).
Message now sent to _WildlifeSpecialists@copfs.gsi.gov.uk.
This is the reply I received in response to my query – about what I expected !
Dear Mr Tyler
I refer to your e-mail of 23 October 2013 to the Crown Office and Procurator Fiscal Service (COPFS), in which you ask if there will be a prosecution under vicarious liability legislation in relation to the poisoning offences carried at the Glasserton and Physgill Estates in December 2012.
I regret that I am unable to inform you if there will be such a prosecution.
I can inform you that no report has been submitted against any person in connection with a contravention of section 18A of the Wildlife and Countryside Act 1981 arising out of the incident to which you refer.
However, it would be inappropriate to comment on any investigation which may be taking place. For good and long-established policy reasons, the progress of any criminal investigation must remain confidential. These reasons include the principle that the only appropriate forum for the determination of guilt or innocence is the criminal court. Other important considerations include data protection principles and the risk that public discussion could prejudice an investigation or any subsequent prosecution.
Prosecution may take place only if the requisite legal tests are met. These tests include whether there is admissible and sufficient evidence to establish that a crime has been committed by an identified person.
Thereafter a range of other considerations also apply. These are set out in the COPFS Prosecution Code available at http://www.copfs.gov.uk/images/Documents/Prosecution_Policy_Guidance/Prosecution20Code20_Final20180412__1.pdf.
Yours sincerely,
Sara Shaw
Head of Wildlife and Environmental Crime Unit
Thanks Jonathan, we’ll be blogging about this again in the near future.
I I received the attached letter today from COPFS after my enquiry on the vicarious liability conviction of gamekeeper Peter Bell, ex this blog item. Regards.