New Agricultural Minister to take forward Wildlife Management & Muirburn Bill

The Scottish Parliament’s Rural Affairs & Islands Committee will continue its Stage 2 consideration of the Wildlife Management & Muirburn Bill this Wednesday and there will probably be a new Minister taking it forward.

For new readers, this is proposed new legislation to regulate grouse shooting and its associated management practices by way of licensing schemes, introduced because of the continued illegal persecution of birds of prey on many Scottish grouse moors.

A grouse shooting butt on a Scottish grouse moor. Photo: Ruth Tingay

So far the Bill has been ably led by Environment & Energy Minister Gillian Martin MSP but after a Cabinet mini-reshuffle earlier this month, it appears that Gillian Martin’s portfolio will no longer cover the Environment (her new title is now Minister for Energy, Just Transition and Fair Work).

Instead, this Bill will now be led by newly-appointed Agriculture & Connectivity Minister, Jim Fairlie MSP, whose relevant portfolio responsibilities include wildlife management and crime, animal health & welfare, and natural resources and peatland.

Strangely, the word ‘Environment’ now does not feature in the title of any Scottish Minister.

I say he’ll ‘probably’ be taking it forward at Wednesday’s session – but that all depends on whether the Scottish Parliament formally approves his appointment as a new Minister and whether an unelected bloke in a crown formally approves it too, all before Wednesday morning.

It’s not ideal to have this level of Ministerial disruption at Stage 2 of the Bill but the good news is that Jim Fairlie has been serving on the Rural Affairs & Islands Committee and so is fully conversant with the Bill’s detail. Perhaps most importantly, he also fundamentally understands why there’s a need for this particular Bill to be passed, as he demonstrated two weeks ago when responding to fellow Committee member Rachael Hamilton’s ridiculous pronouncement that “there’s no connection between raptor persecution and grouse moors” (see here for Jim Fairlie’s reaction).

Of course, now he’s a Minister, Jim Fairlie is no longer permitted to serve on any Committee and his name has been removed from the Committee list. Interestingly, SNP MSP Karen Adam’s name has also disappeared from the list. I don’t know why that is. It’ll be interesting to see who is brought in to replace these two SNP members.

It’ll also be interesting to see how Jim Fairlie steers this Bill as the leading Minister. It’s anticipated that like his predecessor, there won’t be many surprises and he’ll stick to the Government line and not accept many amendments unless they’re Government-backed, but let’s see.

The stage 2 scrutiny of the Bill must be completed by the Committee on Wednesday 21st February. However, as the pace was so slow at the last meeting (a meeting that had already been delayed for two weeks thanks to the Convenor), the Committee will now have to undertake two separate sessions to finish in time. The first session is expected to begin at 11am on Wednesday, after the Committee has considered some other business, and is expected to end at around 12.45pm. There will then be a further session on Wednesday evening, beginning at 6pm.

The morning session will begin by completing amendments on the Bill’s section on the use of wildlife traps (picking up where it left off during the first session two weeks ago) and will then move on to amendments relating to the issues of licensing grouse moor management (including increased powers for the SSPCA) and licensing muirburn. These issues are expected to be the most contentious because, if voted through, many of these licensing conditions will introduce a level of regulation that grouse moor managers simply aren’t used to, and won’t like having to adhere to. Conservationists will welcome the regulations that many of us consider to be necessary and long, long, long overdue.

Predictably, there are a number of amendments, mostly submitted by Conservative MSPs Edward Mountain, Rachael Hamilton and Stephen Kerr, that seek to weaken the Government’s proposed licencing conditions. They’re entitled to submit those, of course, and there are other amendments from the likes of Colin Smyth (Labour), John Mason (SNP) and Ariane Burgess (Greens) that seek to strengthen the terms of the licences. Here is the marshalled list that the Committee will debate on Wednesday:

To make any sense of these proposed amendments, you’ll need to refer to the numbered contents of the Bill as introduced:

As ever, these sessions can be watched live on Scottish Parliament TV and there’ll be an archive video and transcripts available after the sessions, which I’ll add here when available.

I’ll also try and write an overview of Wednesday’s proceedings once Stage 2 is complete. You can read my overview of what happened in the previous session here.

More scrutiny on its way for use of toxic medicated grit on Scottish grouse moors

Grouse moor managers have been using medicated grit for many years to prevent the natural cyclical population crashes in Red Grouse caused by the parasitic strongyle worm.

This natural regulation of the wild populations was inconvenient for those who seek to produce an artificially high number of birds for so-called ‘sport’ shooting so the use of medicated grit was introduced to prevent these population crashes.

However, aside from the questionable ethical issue of drugging wild birds for ‘sport’, questions have also been raised about the ineffectual regulation and monitoring of its use (see here for a blog I wrote about it way back in 2015).

Grit trays with marker posts can be seen on many moors managed for Red Grouse shooting. Photo: Ruth Tingay

The drug currently used in medicated grit is Flubendazole, and it’s toxic. So toxic in fact that there is a statutory requirement for grouse moor managers to remove the grit 28 days prior to shooting any Red Grouse to ensure that it doesn’t enter the human food chain. We know from previous enquiries that the UK agency responsible for monitoring this adherence to the law is pathetic, to say the least. We also know that this agency (the Veterinary Medicines Directorate) does not visit grouse moors to test grit piles to determine whether its medicated or not. Nobody’s checking, and the grouse moor managers will know this.

Well all that is about to change. Conservation campaign group Wild Justice has teamed up with the League Against Cruel Sports (Scotland) to fund the development of a novel lab test to detect the presence of Flubendazole on grit samples.

This novel test has now been trialled by the League Against Cruel Sports who collected grit samples from a number of moors across Scotland and their findings suggest widespread mis-use of the drug.

Here is a briefing note that details these findings:

Last week Wild Justice and the League Against Cruel Sports met with officials from the Scottish Government and NatureScot to discuss these findings and to ask for improved regulation.

Officials assured the campaigners that although the approval of medication to dose wild birds is a reserved issue to the Westminster Government, the use of medicated grit will be subject to greater regulation in Scotland under the new Codes of Practice being drawn up to support the Wildlife Management & Muirburn Bill.

This is an important step. Firstly, I’d heard rumours that some grouse shooting organisations who serve on the grouse moor Code of Practice working group had been trying to exclude the use of medicated grit from scrutiny and regulation. It’s good to hear that it most definitely will be included.

Secondly, it’s worth remembering that any breach of any of the Codes of Practice could result in an estate’s grouse shooting licence being revoked. Now, obviously it will depend on the detail of the Codes of Practice as to what will be deemed to be a code breach – the devil is always in the detail.

But those details should include a requirement for all medicated grit users to provide the regulator (NatureScot) with a copy of their veterinary prescription (currently unsighted); a requirement that the grit is not administered in a way that it can leach into the environment (currently, it can – see above briefing report); a requirement that when the medicated grit is withdrawn it is disposed of as toxic waste (currently, it isn’t); and a provision that allows NatureScot to randomly field test grit samples on grouse moors to ensure the medicated grit has been withdrawn within the statutory time limit (currently, nobody checks). The development of the novel lab test should help facilitate this.

Some of you may have seen an exclusive in The Herald yesterday about this subject – it’s here, but behind a paywall.

Here’s a photo that someone sent to me of the hard copy, where most of the text is visible:

Yorkshire birder running half marathon to raise funds for raptor rehabber Jean Thorpe – please support him!

Yorkshire-based birder Mark Pearson is running a half-marathon on 28th April and is raising funds to help support the fantastic work of raptor rehabilitation legend Jean Thorpe, in Ryedale, North Yorkshire.

Raptor rehabber extraordinaire Jean Thorpe about to release a buzzard back to the wild. Photographer unknown.

If you’ve spent any time following this blog you’ll no doubt be familiar with Jean’s incredible work – many victims of raptor persecution have ended up under her expert care and she’s managed to get some of them back to full health and release them back the wild.

Mark is trying to raise £1,000 to support Jean’s work.

Come on, this should be do-able, surely?

The link to Mark’s fundraising page is here.

Many thanks.

Job opportunity: Events Assistant, Birds of Poole Harbour (Dorset)

The charity Birds of Poole Harbour (the fabulous team behind the Osprey Reintroduction Project, amongst many other things) is advertising for an Events Assistant to help them deliver a number of exciting public engagement projects this year.

This includes helping out on their brilliantly popular ‘bird cruise boats’ around the harbour, providing the public with an opportunity to see ospreys, white-tailed eagles, marsh harriers, peregrines and much, much more!

Looking for raptors (& other species!) on the Birds of Poole Harbour Bird Boat. Photo: Ruth Tingay

Here are the details of this fantastic job opportunity:

BIRDS OF POOLE HARBOUR EVENTS ASSISTANT

Birds of Poole Harbour is a Dorset-based charity with a local community focus, committed to conserving and interpreting the important birdlife in the Poole Harbour area. We deliver a range of exciting events and projects, and are looking for an enthusiastic Events Assistant to support our team in delivering our public engagement offer through the Spring and Summer of 2024.

Position: Events Assistant

Hours: 32 hours per week, 15th April – 15th September 2024. Due to the nature of our events, regular weekend and occasional early morning/evening working hours are required.

Salary: £8053.76 (FTE: £23,795.20 per annum)

Location: Poole and Wareham-based, with travel to events around Poole Harbour

Annual Leave: 9.5 days, inclusive of bank holidays

Essential Criteria:

  • Friendly and warm interpersonal style
  • Excellent verbal and written communication skills
  • Ability to work effectively as part of a busy team
  • Proactive and self-motivated attitude
  • Excellent bird identification skills

Desirable Skills and Experience:

  • Experience of working with volunteers
  • Experience of delivering events
  • Knowledge of local birding sites and conservation projects, including the Poole Harbour Osprey Reintroduction Project
  • Full driving licence and access to a vehicle

What you’ll be working on:

You’ll be helping our team to deliver an ambitious events schedule through the spring and summer, including our Carey Osprey Tours led in partnership with Careys Secret Garden, as well as our guided walks and cruises. This role will be well-suited to an aspiring and enthusiastic ornithologist with excellent communication skills and a good knowledge of British birds.

Full training will be provided and more detail on our project work and events can be found here: www.birdsofpooleharbour.co.ukPlease note that this position will be offered subject to the successful return of the nesting pair of Osprey to Careys Secret Garden, and that we will be unable to fulfil the role if they do not return.

If you would like to apply, please email our Operations Manager Laura at laura@birdsofpooleharbour.co.uk with a CV (2 pages maximum) and a PDF with answers to the following questions:

  • What attracted you to apply for this position? (200 words max)
  • Why do you believe you are well-suited for the role of Events Assistant at Birds of Poole Harbour? (500 words max)

Interviews commencing W/B 4th March with the option for online interviews available. Please note that the interview will involve a UK bird species identification test.

Closing date: 9am on 26th February 2024

If you have any questions or queries about the role or application process, please contact our Charity Manager Liv via liv@birdsofpooleharbour.co.uk. Birds of Poole Harbour are an equal opportunities employer and are happy to provide additional information or accommodations within our hiring practices to support applicants.

ENDS

SSPCA press release on conviction of part-time gamekeeper Timothy Hall & his son Lewis Hall for illegal laundering of Scottish peregrines

The SSPCA has issued the following press release in response to the recent conviction and sentencing of part-time gamekeeper Timothy Hall and his son, Lewis Hall, for the illegal laundering of Scottish peregrines which they were selling for high prices to buyers in the Middle East.

This press release contains details about the poor conditions provided by Timothy Hall for the raptors found at his address, and the subsequent return to the wild of the stolen peregrine chicks.

Young peregrines returned to the wild. Photo via SSPCA

Berwick men receive ban for illegally selling peregrine falcons

Timothy Hall previously pled guilty to the charges and was sentenced to a five-year ban from possessing or breeding birds of prey and 220 hours of community service at Jedburgh Sheriff Court today.

His son Lewis Hall was sentenced to 150 hours community service.

48-year-old Timothy Hall of Lamberton, Berwick Upon Tweed pled guilty in December to being responsible for nine birds of prey of various breeds.  Failing to ensure a suitable environment, allowing a build-up of faeces and urates, and not providing an appropriate supply of water for bathing or drinking and did thereby expose the birds to disease or injury. 

Lewis Hall, 23, of Fordyce Cottage, Duns, pled guilty to acquiring for commercial purposes, keeping for sale, and selling wild peregrine falcon chicks between 2020 and 2021.   

Scottish SPCA specialist investigator, Mark Rafferty, said, “These birds are a protected species and it is illegal to disturb their nests or illegally breed them.

During April 2021, information came to light that several Peregrine Falcon nesting sites around the Scottish Borders and East Lothian had seen thefts of eggs and chicks over a prolonged period of time.

We carried out a raid, alongside the Police National Wildlife Crime Unit (WECU), where we found a number of peregrine falcon chicks and a number of adult birds at Hall’s address in Berwick.

The entire housing/aviary situation was completely unsuitable in terms of size and design for the species being held in each unit. The lack of clean water, and failure to remove the excessive accumulation of faecal and animal tissue waste posed unacceptable health risks to the birds housed within.

None of the birds were presented with an environment where breeding was likely either naturally or artificial insemination.

Our team were able to take the peregrine falcon chicks to surrogate nests and monitor them from a distance.  Once they had developed fully they were able to return to the wild safely.

We are extremely disappointed at the sentencing result today. This was a specialised case which has taken years to appear in court.  Our team, along with the Police Wildlife Crime Unit and David Anderson, Raptor ecologist from the Scottish Raptor Study Group , worked hard to provide sufficient evidence and DNA testing to get a better result.

If anyone is concerned about an animal, they can contact our confidential animal helpline on 03000 999 999.”

ENDS

“It’s soul destroying to find nests have failed” – inside the battle against Scotland’s falcon thieves

There’s been a good deal of media interest and coverage about the recent prosecution, conviction and sentencing of part-time gamekeeper Timothy Hall and his son, Lewis Hall, for their role in the illegal laundering of wild Scottish peregrines which they sold for high prices to buyers in the Middle East (see here and here).

Most media outlets have simply summarised the press releases about Operation Tantallon issued by Police Scotland and the Crown Office, but the Guardian newspaper has published from a different angle, focusing on the work of Scottish Raptor Study Group (SRSG) member George Smith, whose 40 years of dedicated and detailed monitoring of peregrines in south Scotland helped bring the successful prosecution against Timothy and Lewis Hall.

Written by journalist Phoebe Weston, who is developing a reputation for in-depth coverage of raptor persecution crimes – e.g. her earlier three-part podcast on the illegal persecution of hen harriers on grouse moors (‘Killing the Skydancer‘) was excellent, her latest piece on the Hall peregrine case is well worth a read – see here.

It’s good to see George’s significant, long-term fieldwork receiving national attention – like so many other SRSG members, George undertakes this skilled (and licenced) work on an entirely voluntary basis but his hard-won data provide the Scottish Government and its agencies with vital detail about the distribution and abundance of raptors (in George’s case, peregrines) and help to inform long-term conservation policies.

I’m particularly pleased to see George’s work highlighted because he is one of a number of SRSG members who are repeatedly targeted online by a malicious group of individuals, some of them prominent members of the Scottish Gamekeepers Association, who deliberately and falsely accuse George and his colleagues of unlawful and negligent practices, all in a desperate bid to discredit the good name of the SRSG.

They base these vicious (and libellous) accusations on what they claim to be their concern for the raptor species being monitored/tagged.

I haven’t seen any of them comment on the successful prosecution of part-time gamekeeper Timothy Hall and his son, Lewis Hall, for their crimes against the same peregrines that George has dedicated 40 years of his life to protect.

Funny, that.

Job opportunity: Research Assistant, British Raptor Programme (Hawk Conservancy Trust)

The Hawk Conservancy Trust, a well-respected UK charity based in Hampshire, is looking for a part-time research assistant for its British Raptor Programme.

This is mainly a fieldwork position working on birds of prey and helping to manage a network of over 1,200 nest boxes for kestrels, barn owls, tawny owls and Little owls.

Full job description and application details below (closing date 20 Feb 2024):

Two red kites found poisoned in Essex – Police seize firearms & ‘other articles’ in raid

Essex Police’s Rural Engagement Team has been busy again.

Yesterday, with assistance from other agencies including the National Wildlife Crime Unit and Natural England they searched a farm in the Colchester area after the discovery of two poisoned red kites. Firearms and ‘other articles’ were seized and the investigation is ongoing.

One of two poisoned red kites found. Photo: Essex Police

The county of Essex is becoming a real hotspot for bird of prey persecution.

Other raptor persecution crimes in recent years include the suspected shooting of a peregrine in January 2024 (here), the shooting of a buzzard in December 2023 (here), the shooting of another buzzard in January 2023 (here), the shooting of a red kite in September 2022 (here), the shooting of another red kite in November 2021 (here), another red kite found dead in suspicious circumstances in November 2021 (here), the shooting of another three buzzards in 2020, one in Dec (here), one in September (here) and one in June (here), and the suspected shooting of a Hobby in August 2020 (here).

Commentary on the staggeringly inadequate sentencing of Timothy & Lewis Hall, convicted for illegal laundering of wild peregrines in south Scotland

Further to this morning’s blog about the sentencing of part-time gamekeeper Timothy Hall, 48, and his son Lewis Hall, 23, who had previously pleaded guilty to multiple offences relating to the illegal laundering of wild peregrines stolen from nest sites across Scotland and then sold on under the guise of being legally captive-bred birds (see here), I want to write a few thoughts about this outcome.

Juvenile peregrine, out in the wild where it belongs. Photo by Pete Walkden

There’s a lot to say about this case but I first want to acknowledge the multi-agency partnership working of all those involved in getting these criminals in to court. Beginning in May 2021, this investigation has been long-running, painstakingly meticulous and exceptionally diverse. The staggeringly inadequate sentences handed down today do not in any way reflect the dedicated and exemplary efforts of these agencies, all of whom deserve our appreciation and thanks.

Very well done to the Scottish Raptor Study Group (SRSG), Scottish SPCA, Police Scotland, National Wildlife Crime Unit (NWCU), Science and Advice for Scottish Agriculture (SASA) and the Animal Plant and Health Agency (APHA).

So, sentencing. We learned earlier today that Timothy Hall had been ordered to complete 220hrs of unpaid work over a period of 18 months and his son, Lewis Hall, 150hrs over a period of 15 months. They were both also banned from having birds of prey in their possession or under their control for a period of five years.

To say this is a disappointing sentence is a massive understatement. It’s not what any of us had expected, especially given that the presiding Sheriff, Peter Paterson, is no stranger to hearing wildlife crime cases (more on that below). It wasn’t as though this case was heard by an inexperienced and naïve member of the judiciary, nor that he wasn’t provided with extensive and compelling evidence about the scale of offending, which had been going on for several years and clearly met the standard of being serious and organised crime.

So why the staggeringly pathetic sentence, then?

I’m not going to try and justify it because I can’t. It’s even more inexplicable given the Sheriff’s track record. This is the Sheriff who presided over the notorious case against gamekeeper Alan Wilson in 2019, whose extensive wildlife crimes on the Longformacus Estate resulted only in an order to carry out 225hrs of unpaid work (and a 10-month curfew) – another monumentally inadequate sentence.

However, in that case Sheriff Paterson had acknowledged that Wilson’s offending warranted a custodial sentence but said that as the Wildlife & Countryside Act only allowed sentences of up to six months, and Scottish Ministers had recently introduced a presumption against jailing offenders for less than 12 months, he felt he had no choice but to impose a different sentence (here).

I argued against that logic (here), suggesting that because Wilson had been convicted of multiple offences, each carrying a maximum six month custodial penalty, a potential custodial sentence for all his offences would have exceeded the 12-month limit and so should have been imposed.

It wasn’t to be, but we consoled ourselves with the knowledge that increased penalties for wildlife crimes in Scotland were imminent (new legislation was enacted in Nov 2020), which elevated custodial sentences for certain wildlife crimes to five years in custody and unlimited fines, and so any future prosecutions would surely result in a tougher sentence, right?

Well apparently not.

There is some legitimate justification (although I don’t agree with it in this case) for Lewis Hall not to receive a custodial sentence. As of 26 January 2022 the Sentencing Young People guidelines in Scotland came into force, which argues that anyone under the age of 25 years should preferentially be given a rehabilitation order instead of a custodial sentence. However, and this is important, the guidelines state that the full range of sentencing options, including imprisonment, remains open to the court, but that a (shorter) custodial sentence should only be imposed on a young person when the court is satisfied that no other sentence is appropriate.

Given that Lewis Hall (23) was up to his neck in serious organised crime, receiving huge payments from the Middle East into his own bank account, for the sale of stolen peregrines (according to the evidence), what possible reason did Sheriff Paterson have for only imposing a sentence of 150hrs unpaid work?? It doesn’t make sense.

And as for Timothy Hall (48), I can’t see any reason whatsoever why he shouldn’t have received a custodial sentence. Under the Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020, Timothy Hall’s offences, committed over a number of years, included crimes relating to Section 1 of the Wildlife & Countryside Act (Protection of wild birds, their nests & eggs) and Section 6 (Sale, possession etc of live or dead wild birds, eggs etc), both of which now attract penalties of up to five years imprisonment and significant fines. The Sheriff even agreed Hall’s crimes had passed the custodial threshold, so why only impose a sentence of 220hrs unpaid work??

It makes a total mockery of the court’s sentencing powers, of the Government’s will to crack down on wildlife crime, of the investigating agencies’ hard work, of the public’s desire to see wildlife criminals held to account and of effective deterrents put in place for other would-be criminals.

Sure, Lewis Hall is still facing action under the Proceeds of Crime legislation, and both he and his father face an ongoing investigation by HM Revenue & Customs for undeclared income (£41,164 according to COPFS), but that should have all been in addition to punishment under the wildlife crime legislation.

I just can’t comprehend how they got off so lightly. Compare and contrast with two other recent cases, where a falconer was fined over £7,000 for a minor admin error when selling legitimately captive-bred peregrines (here) and a drug addicted tree surgeon was given an eight-week custodial sentence for robbing eggs from a single peregrine nest (here).

Timothy Hall’s wife, a serving police officer whose not guilty pleas were accepted by the court in December 2023 (but has a reserved fraud charge hanging over her, see here), remains suspended from Police Scotland on full pay. I don’t know how long she’s been employed as a serving officer but the pay scale for a constable ranges from £30,039 on commencing service up to £48,237 for up to 11 years of service.

I don’t doubt the Hall family will be celebrating this evening.

Here’s Lewis Hall leaving court after sentencing, screen-grabbed from BBC Reporting Scotland this evening:

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).

Part-time gamekeeper Timothy Hall and his son Lewis Hall avoid custodial sentence for laundering of wild peregrines in Scotland

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).

Peregrine photo by Pete Walkden

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

Some of the young stolen Peregrine chicks found at Timothy Hall’s address during multi-agency raid in 2021 (Photo via COPFS). The chicks were later fostered back to wild nest sites.

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).