Breaking news….
Part-time gamekeeper Timothy Hall, 48, and his son, Lewis Hall, 23, appeared at Jedburgh Sheriff Court this morning for sentencing after they earlier pleaded guilty to the illegal laundering of wild peregrines which had been stolen from sites across southern Scotland (see here for previous blogs).
Despite their offences passing the threshold for a custodial sentence, Timothy Hall was ordered to complete 220 hours of unpaid work and Lewis Hall was ordered to complete 150 hours.
More on this shortly…
UPDATE 13.40hrs: Press release from Police Scotland –
Two men sentenced for wildlife crime offences in the south of Scotland
Two men have been sentenced with community payback orders after pleading guilty to a series of wildlife crime related offences involving peregrine falcons in the south of Scotland.
Timothy Hall, 48 was given 220 hours, and Lewis Hall, 23, was given 150 hours community payback orders today at Selkirk Sheriff Court [Ed: case moved to Jedburgh Sheriff Court]. Both have been banned from keeping birds of prey for 5 years.
They admitted charges relating to 22 peregrine falcons, including being involved in the illegal sale of the protected species at Selkirk Sheriff Court on Monday, 11 December, 2023.
Timothy Hall also pleaded guilty to charges relating to firearms and animal welfare offences.
The ground breaking investigation led by Police Scotland was launched in 2021 and during a search of a property in Lamberton, Berwick-upon-Tweed, seven chicks were discovered as well as a number of other birds of prey.
While it is legal to sell captive-bred peregrines, possessing or selling wild birds is not.
To confirm the chicks were wild a new innovative DNA tactic was introduced which definitively established that they had not been bred in captivity, even linking some of them to wild adult peregrine falcons known to nest in the south of Scotland.
The investigation spanned two and a half years and through extensive enquiries Police Scotland was able to trace the sale of a number of peregrines to UK establishments trading in the birds and confirmed some had been exported overseas.
Throughout the investigation a range of partners provided invaluable contributions and expertise including the Scottish SPCA, the UK National Wildlife Crime Unit (NWCU), the Scottish Raptor Study Group, Science and Advice for Scottish Agriculture (SASA) and COPFS.
Police Scotland also worked closely with the Animal and Plant Health Agency (APHA) to improve processes and procedures relating to illegal wildlife trade to prevent people engaging in this type of criminality.
Detective Superintendent Bryan Burns said: “The sale of peregrine falcons has become an extremely lucrative business which Timothy and Lewis Hall exploited for their own financial gain.
“If their illegal activities had continued unchallenged, this would have had a massive impact on the population of young birds, and had the potential to wipe out the entire population of peregrine falcons in the south of Scotland.
“This case has been a monumental effort by Detective Constable Steven Irvine who led the investigation and was determined to bring the perpetrators to justice, going into meticulous detail to unravel the true extent of the criminality involved.
“These convictions would not have been possible without the incredible support from the partner agencies involved who all played a vital part in the investigation.”
Assistant Chief Constable for Major Crime, Public Protection and Local Crime, ACC Bex Smith, added: “This case not only has huge ramifications locally but also across the UK and worldwide and shows that Police Scotland is at the forefront of tackling illegal wildlife trade, working with our partners to use new and ground breaking forensic techniques. Wildlife crime remains a key priority for the Service and we will continue to use all resources at our disposal to put a stop to this illegal activity.”
Chief Inspector Kevin Kelly, head of the UK National Wildlife Crime Unit said: “This is part of the largest wildlife crime investigation in UK history, showing the illegal wildlife trade is a thriving business for criminals.
“The UK is home to some of the rarest birds of prey in the world, some of these are being taken and laundered in the legal falconry trade bringing lucrative returns for criminals and having a direct impact on the current nature crisis. The NWCU is committed to tackling this.”
Dr Lucy Webster from Science and Advice for Scottish Agriculture (SASA), part of the Scottish Government, led on the forensic work. She said:
“This is the first case to use our new forensic DNA method to test whether documented breeding records for Peregrine Falcons are true or false. However, we went beyond establishing false breeding records here, and also identified family links to several wild Peregrine nests. This powerful method will continue to support investigations and combat the illegal trade of wild Peregrines in the UK and beyond.”
Anyone with information or concerns about wildlife crime in their area can contact Police Scotland on 101.
ENDS
UPDATE 14.00hrs: Press release from Crown Office & Procurator Fiscal Service COPFS):
Father and son receive bans for illegally selling peregrine falcon chicks
A father and son who, over a number of years, illegally possessed and sold wild peregrine falcon chicks for large sums of money, have been ordered to carry out periods of unpaid work.
Both men are also prohibited from possessing or having under their control any bird of prey for a period of five years.
Timothy Hall, 48, pled guilty to acquiring for commercial purposes, keeping for sale and selling 15 wild peregrine falcon chicks between 2019 and 2020 and to being in possession of a further seven wild peregrine falcon chicks on 18th May 2021.
He also admitted a charge of failing to provide for the needs of nine other birds of prey by not providing a clean and adequate living environment and not providing sufficient clean water for them. He also admitted breaching the Firearms Act by not properly securing a shotgun.
He was ordered to carry out 220 hours of unpaid work over a period of 18 months.
Lewis Hall, 23, pled guilty to acquiring for commercial purposes, keeping for sale, and selling wild peregrine falcon chicks between 2020 and 2021, which included 13 of the previously referred to peregrine falcon chicks sold in 2020 and the seven chicks found on 18th May 2021.
He was ordered to carry out 150 hours of unpaid work over a period of 15 months.
Both men were sentenced at Jedburgh Sheriff Court.
Iain Batho, who leads on wildlife and environmental crime for the Crown Office and Procurator Fiscal Service (COPFS), said:
“It is highly important to preserve Scotland’s natural heritage, including the wildlife that forms part of it. As such, birds of prey are given strict protection by our law.
“The sale of peregrine falcons has become an extremely lucrative business and Timothy and Lewis Hall took advantage of that for their own financial gain and to the detriment of the wild peregrine falcon population in the South of Scotland.
“Their illegal activities had the potential to have a devastating impact on the entire population of nesting peregrine falcons in that part of the country.
“The result in this case is a testament to the collaborative working between COPFS, Police Scotland, the UK National Wildlife Crime Unit (NWCU), the Scottish SPCA and Science and Advice for Scottish Agriculture (SASA).”
The court heard how in April 2021 a member of the Lothian and Borders Raptor Study Group alerted police to suspicious failures of peregrine falcon nests in the Berwickshire area which had previously been productive.
Officers later investigated two nesting sites and discovered they had been disturbed and a number of eggs were missing from both locations.
A police search of Timothy Hall’s home in Berwick-Upon-Tweed subsequently found a total of seven peregrine falcon chicks as well as a number of other birds of prey.
Further enquiries concluded that none of the chicks were captive-born and had been taken from the wild.
The court was also told that an examination of Lewis Hall’s mobile phone contained a note that suggested he had been monitoring known peregrine falcon nest sites.
Data on the same device also showed that a drone linked to the phone had flown 20 separate flights directly over several known peregrine falcon nest sites.
The court also heard evidence that, between 2019 and 2020, Timothy and Lewis Hall were involved in the sale of 15 peregrine falcon chicks for which they received a total of £41,164.
To confirm the chicks were wild, a new innovative DNA tactic was used which definitively established that they had not been bred in captivity and which linked some of them to wild adult peregrine falcons known to nest in the south of Scotland.
Under legislation, selling captive-bred peregrine falcons is legal but possessing or selling wild birds is unlawful.
Lewis Hall will now be subject to action under proceeds of crime legislation.
ENDS
UPDATE 15.30hrs: Media Coverage
Daily Record here
BBC News here
BBC Reporting Scotland (video) here (expires 7pm 13th Feb 2024)
RSPB Investigations blog here
Guardian here
SSPCA press release here
UPDATE 20.30hrs: Commentary on the staggeringly inadequate sentencing of Timothy and Lewis Hall, convicted for illegal laundering of wild peregrines in south Scotland (here)
UPDATE 14 February 2024: It’s soul destroying to find nests have failed” – inside the battle against Scotland’s falcon thieves (here)
UPDATE 15 February 2024: SSPCA press release on conviction of part-time gamekeeper Timothy Hall and his son Lewis Hall for illegal laundering of Scottish peregrines (here)
UPDATE 26 June 2024: Prosecutors seeking to recover £164,000 from Scottish peregrine launderer Lewis Hall (here)
UPDATE 10 October 2024: Scottish court orders convicted peregrine launderer Lewis Hall to pay back thousands under Proceeds of Crime Act (here)
UPDATE 23 November 2024: Suzanne Hall, wife & mother of convicted peregrine launderers ‘no longer a serving police officer’ (here).
Raptor Persecution UK 
Well that’ll teach them! Not. Pathetic.
That’s appalling what is wrong with this judge??
NO JUSTICE in Scotland. Unbeliveable.
Raptor laws not worth the paper they are written on. ! I would have gave them both 18 months and made an exa.ple of them !
[Comment deleted as libellous]
The Sheriff gives a green light to wildlife criminals – again! Pathetic.
Gamekeepers break the law again!! MSP’s really need to take notice of this when considering any evidence provided by the “guardians of the countryside”. Trust must be earned.
Very very disappointing and the money they made from these crimes?
Likely to be a Proceeds of Crime application
[Comment deleted as libellous]
Whatever you said……I probably agree
very very disappointing and what happened to the money they made from these crimes. Astonishing that they have essentially got away with pillaging our wildlife and for how long?
The Sheriff ought to be relieved of their position. xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx
The cost of this investigation to the public purse must be massive – the paltry slap-on-the-wrist punishment bears no relation to this, let alone to the removal of 22 Peregrine chicks from the Borders population.
This “Sheriff” should be made to explain the sentence passed. It is not right that members of the judiciary can continually opt for non-custodial sentences when the threshold for prison has been exceeded. The impression is that, despite constant denials to the contrary, they do not take wildlife crime seriously
After the huge amount of work that was undertaken….. that was the sentence! Incredible! No fine either?! And I wonder what they’ll be doing in 5 years time?!
Once again a pathetically inadequate sentence from a judiciary whose motives and biases must be seriously questioned. All that time, effort and expense for so very little – this Sherriff is seriously taking the ****.
They certainly must think that Christmas has come early. What a derisory outcome.
This is an absolute disgrace, no deterrent at all, no wonder this crime is so prevalent!!! Also, they should never be allowed anywhere near wildlife or any animals, EVER!!!
What a joke – essentially these wigs are threating such crimes as minor parking offences
Rather than deter anyone from committing these crimes, that sentence will actually encourage – there will be rogues reading about the case in the papers thinking “Blood hell you can make X amount of cash! And if you get caught it’s only a bit of community service. I’ll give that a go.”
A sentence that is not a punishment or a deterrent. This must be a blow to the police after the effort put into their investigation. It seems that the sheriff has no grasp or appreciation of the damage done by these men (or no interest or care)? The sentencing doesn’t seem to take into account the suffering caused to the birds involved or the consequences for the species. Yet another indication that the judiciary is doing little or nothing to tackle wildlife crime and so often it appears to ignore, protect or even support those who perpetrate wildlife crime.
Totally agee with you R Third
The sentence was highly predictable for the same reasons as every other instance of light, non custodial sentences. The context and the professionas of all those involved speaks loudly.
Give
Amazing how the guy last week got fined over £7 thousand for having the wrong paper work for his legitimate falcons and these 2 guys who were actually stealing young falcons from nest sites get community service …..doesn’t make sense.
FFS. The lack of a custodial sentence is an outrage, but they should also have been fined at least all £41,164 they were proved to have made. A few hundred hours community payback versus that amount of money (probably just the provable amount) shows that crime really does pay.
It beggars belief that these 2 offenders didn’t receive a custodial sentence when Chief Inspector Kevin Kelly, head of the UK National Wildlife Crime Unit is quoted as saying: “This is part of the largest wildlife crime investigation in UK history, showing the illegal wildlife trade is a thriving business for criminals, and Iain Batho, who leads on wildlife and environmental crime for the Crown Office and Procurator Fiscal Service (COPFS)is quoted as saying-“Their illegal activities had the potential to have a devastating impact on the entire population of nesting peregrine falcons in that part of the country”.
How does what appears to be a very lenient sentence reassure the public that the courts and legal system take wildlife crime seriously?
That has to be the most unbelievable sentence ever handed out for the level of wildlife crime that was committed and admitted.
Totally for profit makes a complete mockery of the hard work of all involved in bringing a rock solid case to court expecting a custodial sentence, what a slap in the face .
The judge or clown should explain his decision stating legal reasons as to why the pair of scumbbags are free men tonight .
They just dont care enough or are scared to set a precedent on sentencing as it will upset the hooray Henry’s of the grouse murdering community who let’s face it are probably laughing thier arses off tonight .
A proceeds of crime order hey maybe the judge will take into account thier overheads drones, fuel climbing gear etc and reduce what they pat back
Joke !!!!!
Outrageous!! Sentenced to unpaid work?? What kind of punishment was that? Was that a slap on the wrist? A spank on the bottom? A hundred lines “I must not steal peregrine eggs”? Stand in the corner with a pointed hat on your head? Go to the rectors office? This is more like a scene from Fawtly Towers than an investigation and sentencing of top criminals.
I am sorry, but that was not a fitting sentence. When I was a lad you got worst from the teacher at school. Has anyone in the court system actually read what the law says and what the punishment should have been?
These two men have been found guilty of stealing eggs from wild peregrines and then selling them. That is a serious crime. They have made (huge) profits from this scam, and get away with it. The sentence is like showing the finger to all raptor workers, police officers, the general public, staff at APHA, and the vast majority of the people of Britain who deplore wildlife crime. And they give a bad name to the good gamekeepers (there are some who must be shocked by this?). And it doesn’t paint a good picture of those who breed raptors in captivity using only captive stock. All in all this sentence is scandalous, and came as a disappointment to myself and many others who hoped they would get time in the slammer.
Ruined my evening that did.
I meant selling the chicks, not the eggs
…..this sentence has to be appealed! The smirking face of that individual leaving court needs to be wiped off!
…..such great value for the law abiding tax payers of Scotland!!
Am I right in understsnding that there is a serving police officer involved as well!!!!!
L
The wifes had 2 years full pay so far, who says crime doesn’t pay 😡
They should have been banned for life for keeping birds, all money paid back + all costs for taking them to court
The story had prominent coverage on the BBC Scotland TV evening news. I was appalled to see viewers being assured of how lucrative a little wheeze this is. The younger of the defendants gave us a smiling thumbs up before being driven away, to a family celebration no doubt. Can the sentence be appealed?
I’ve tried to find out how to complain against unduly lenient sentences and been told that only the victims can do that. Just off to try and find any remaining wild peregrines,to tell them they need to lodge an appeal…
“I’ve tried to find out how to complain against unduly lenient sentences and been told that only the victims can do that.”
Scotland needs an Unduly Lenient Sentences Scheme. While explaining their legal rights to any remaining wild Peregrines you may find, you could also write to your MSP about introducing an Unduly Lenient Sentences Scheme… and to make sure it includes wildlife crime.
[Ed: comment deleted as libellous]
Unlike in England and Wales, Scotland has NO Unduly Lenient Sentences Scheme(*) whereby any member of the general public may officially complain about a sentence being too lenient (I have used it, myself. It is very simple and straightforward. In the case I complained about, there were so many complaints that the original sentence was increased).
Look it up: https://www.gov.uk/ask-crown-court-sentence-review
I suggest the least any Scottish reader can do is to lobby their MSP about this lack of a general provision for the Scottish public. Use this case as an example.
(*) The England and Wales Scheme excludes wildlife crime. That needs to be changed in England and Wales – but there is no need for any new Scottish Scheme to exclude wildlife crime (quite the opposite).
Thanks Keith, useful info!