Earlier this month a judge ruled that covert video surveillance obtained by the RSPB is admissible evidence in the prosecution of gamekeeper Racster Dingwall, who has been charged in relation to the alleged shooting of a Hen Harrier on a grouse moor (Coniston & Grassington Estate) in the Yorkshire Dales National Park on 2nd October 2024.
Mr Dingwall pleaded not guilty to two charges at an earlier court hearing at Skipton Magistrates’ Court in May 2025. Those two charges are:
- Possession of an article capable of being used to commit a summary offence under Section 1 to 13 or 15 to 17 of the Wildlife & Countryside Act;
- Encourage/assist in the commission of a summary offence believing it will be committed.
The pre-trial hearing at York Magistrates’ Court on 9 September 2025 was specifically to hear legal argument about the admissibility of the RSPB’s video evidence, on which this prosecution is based.
I wrote briefly about the judge’s decision to accept the RSPB’s video evidence at the hearing on 9 September and said I would elaborate further when I had the time.
The following commentary seeks to provide more information about the judge’s decision and is based entirely on the notes I made during that hearing.
This pre-trial hearing was held before District Judge Adrian Lower. The involvement of a District Judge (professionally and legally qualified) is perhaps the reason why this case moved from Skipton Magistrates’ Court to York Magistrates’ Court.
District Judges don’t tend to sit in the smaller, or rural courts, but where a case is legally complex then there is often a request to move the case to another court to be heard before a District Judge rather than the lay magistrates (also known as Justices of the Peace) in a smaller court, who are volunteers and not legally trained/qualified to the extent of a District Judge.
Mr Dingwall and his solicitor did not attend the pre-trial hearing at York on 9 September 2025 – District Judge (DJ) Lower acknowledged that Mr Dingwall had been excused (the reason for his absence wasn’t given in open court).
The sole representative in court for Mr Dingwall was his barrister, Mr Justin Rouse KC. Long-term blog readers may recognise this name – Mr Rouse KC represented a gamekeeper from the Bleasdale Estate in Bowland, Lancashire in 2017-2018 who had been charged with nine offences relating to the alleged killing of two Peregrines on this grouse-shooting estate in 2016 in appalling circumstances. The prosecution had relied heavily on covert surveillance provided by the RSPB but the case collapsed when the presiding District Judge accepted Mr Rouse’s defence argument that the evidence should be ruled inadmissible (not necessarily on the strength of Mr Rouse’s arguments but more likely on the weakness of the prosecution lawyer, who was hopelessly underprepared for court- see here for detailed commentary on that case).
Appearing for the prosecution (CPS – Crown Prosecution Service) at York Magistrates’ Court on 9 September 2025 was Mr Jody Beaumont.
The hearing opened with DJ Lower stating that he’d read the submissions from both sides (about the admissibility of the RSPB’s video surveillance) and that he didn’t intend to hear a repetition of those submissions in court. He asked whether Mr Rouse KC and Mr Beaumont had anything new to add and both replied that they didn’t.
No doubt DJ Lower wanted to save valuable court time, but his decision not to have the legal arguments presented in open court makes it very difficult to provide an informed commentary on what happened next, because I don’t have the benefit of knowing the exact details of each side’s position.
Nevertheless, a general sense of the defence’s argument could be gleaned from some of the remarks made later by DJ Lower and it became apparent that there were two main issues to be discussed – the admissibility of the video evidence and an issue about disclosure.
The interpretation that follows is based on my understanding of what was said and should be viewed with appropriate caution given the circumstances just described.
It was clear that Mr Rouse KC for the defence had made an application to the court to exclude the RSPB’s video evidence (and thus have the case dismissed), under Section 78 of the Police & Criminal Evidence Act 1984 (PACE).
Section 78:
‘…..In any proceedings the court may refuse to allow evidence on which the prosecution proposes to rely to be given if it appears to the court, that, having regard to all the circumstances, including the circumstances in which the evidence was obtained, the admission of the evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it’.
DJ Lower said that Mr Rouse’s view was that the RSPB should be viewed as a public authority in the way it gathered evidence (i.e. regulated by various legislation such as the Human Rights Act 1998 & Regulation of Investigatory Powers Act 2000 (RIPA) which controls the manner of covert surveillance operations) – this is a very similar argument to the one Mr Rouse used in the Bleasdale case and, if accepted by the court in this latest case, would result in the RSPB’s evidence being ruled inadmissible because the RSPB hadn’t operated by the provisions required of a public authority in undertaking covert surveillance on private land (i.e. needing authorisation).
DJ Lower said he could not agree with the submission that the RSPB was a ‘public authority’. He said that the RSPB is arguably a substantial business, “a charity like no other“, but that although the RSPB was involved in the investigation, the material had been handed to North Yorkshire Police. He continued, “There is bound to be close coordination between the RSPB and North Yorkshire Police but that doesn’t mean that the RSPB becomes a public authority and is regulated as such by various legislation“.
DJ Lower agreed that there needs to be consideration about whether the RSPB should be considered a public authority but that this was not a decision a judge could make – it should be for Parliament to consider.
He said that the crux of the S.78 application was – regardless of whether the RSPB is or isn’t a public authority – would submission of the evidence have such an adverse effect on the fairness of proceedings? He said this was a discretionary judgement for the court to make and in his judgement, “there would be no adverse affect“.
He continued: “The RSPB evidence has been subject to review by the CPS and it is their decision to prosecute or not. I cannot see how admitting the evidence gathered from the RSPB would have an adverse effect on the fairness of proceedings. I am not prepared to dismiss the case“.
DJ Lower then referred to an alleged abuse of process, claimed by the defence (the details of this are unknown). DJ Lower asked Mr Rouse whether he had anything more to say on that allegation and Mr Rouse accepted that it had been addressed by the judge.
The legal argument then moved on to the disclosure issues (the details of which are unknown, which made the discussion confusing).
There seemed to be an argument about the defence not yet having had access to between 70-80 hours worth of RSPB video footage. Mr Beaumont (CPS) told the court that there was an ongoing discussion about how to manage the files and send them to the defence, but given that ‘senior management’ were involved, “this should be sorted out very soon“.
The defence was interested in a series of photographs taken by the RSPB between 16 September – 19 October 2024 consisting of “vehicles, houses, males, dogs and moorland“. Mr Rouse thought they may be capable of undermining the defence.
Mr Rouse said that because the RSPB investigators say they were acting on intelligence, the defence had asked for that intelligence material that led the RSPB to installing the surveillance equipment.
Mr Rouse continued, saying the defence’s principal concern about the disclosure of footage was the extent of “data breaches for the defendant and others recorded when they should not have been recorded” because “the RSPB were trespassing and the capture of data was unlawful“.
Mr Rouse also raised concerns about the police’s Section 19 (WCA) search of the moor. He asked how the police knew where to search, was the RSPB involved in that search, and if so, the identities of any RSPB staff involved should be disclosed. DJ Lower and Mr Beaumont agreed.
DJ Lower dismissed Mr Rouse’s concerns over privacy because any images captured by the RSPB could be “pixellated to protect the identity of members of the public“.
He suggested the discussion about disclosure should be continued between the defence and the prosecution, and that disclosure of all relevant evidence should take place within 28 days, and at the latest by 4pm on 7th October 2025.
DJ Lower set a two-day trial date (29th-30th January 2026, pending witness availability) at York Magistrates’ Court and said the case would be reserved for him.
He granted Mr Dingwall unconditional bail and asked his representative to ensure Mr Dingwall understood the consequences of non-attendance at court on 29 January 2026.
NB: Because criminal legal proceedings are live, the comment facility has been switched off.
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