SHOT PEREGRINE FOUND ON DOVE STONE NATURE RESERVE IN PEAK DISTRICT NATIONAL PARK
A shot Peregrine was found in early April on Dove Stone nature reserve, landowned by United Utilities and managed in partnership with the RSPB
Due to the severity of its injuries the Peregrine was euthanised
This is the latest incident in catalogue of raptor persecution incidents in the Peak District
The RSPB is appealing to the public for information relating to this incident
The RSPB has offered a £5,000 reward for information which leads to a successful conviction for this wildlife crime. This amount has been matched by the Peak District National Park Authority, taking the reward to £10,000.
The shot peregrine. Photo supplied by RSPB
On 4 April an adult female Peregrine was found on Dove Stone nature reserve north of Woodhead reservoir, near Crowden, in the Peak District National Park. The bird was taken to a local veterinary practice where they confirmed it had been shot and due to the extent of its injuries, it was euthanised. The incident was immediately reported to Derbyshire Police.
The grounded peregrine. Photo supplied by RSPB
X-rays showed shotgun pellets lodged in the elbow and shoulder of the bird’s left wing. An expert post-mortem also revealed a puncture wound in the bird’s chest caused by shotgun pellets and concluded that the bird was shot at or near the location it was found, as the injuries it sustained would have prevented it from flying.
X-ray showing shot gun pellets lodged in the peregrine’s body. Image supplied by RSPB
Although Peregrine populations are recovering in many lowland areas across the UK, breeding Peregrines are missing from some upland areas in England due to illegal persecution. The RSPB has recorded 182 confirmed incidents of Peregrine persecution across the UK from 2003 to 2022. Between 2018 and 2022 alone, 30 Peregrines were killed or injured in England, including 19 which were shot. Data shows that nationally a significant proportion of raptor persecution incidents are linked to land managed for gamebird shooting. In 2022 at least 64% of confirmed incidents of raptor persecution in the UK were associated with land managed for gamebird shooting.
Mark Thomas, RSPB Head of Investigations UK: “To think that this stunning bird was found shot at Dove Stone – a place which we help manage for the benefit and safety of species such as the Peregrine – is shocking.
“This is just the latest incident of raptor persecution in the Dark Peak, a notorious blackspot for birds of prey, where these species should naturally be thriving. If anyone has any information about this crime, please contact us or the police.”
Chief Executive of the Peak District National Park Authority, Phil Mulligan added: “It’s deeply concerning to see a species as iconic as the Peregrine shot within our National Park, and so much more distressing during the crucial breeding season for many of our birds of prey. This is therefore not just the loss of a single bird of prey, but impacting on a potential further generation when every one of these charismatic raptors counts.
“Our birds of prey of all shapes and sizes have a right to call the Peak District home without fear of falling victim to acts of wildlife crime. That’s why we have committed to supporting the reward for information in this case, and I would urge anyone to contact the police regarding this or other potential incidents that may be putting wildlife at risk.”
Chris Wilkinson, Derbyshire Police Rural Crime Team “It is a sad fact that bird of prey crime is still prevalent in Derbyshire and particularly concerning is that this incident appears to have occurred on an RSPB reserve. We are keen to speak with anyone who may have information about this crime”.
If you have any information, please call Derbyshire Police on 101 and quote crime reference number: 24000198336. Alternatively, you can call the RSPB anonymously on their dedicated Raptor Crime Hotline on 0300 999 0101.
The Scottish Parliament’s Rural Affairs & Islands Committee met again on Wednesday 21st February to undertake its second day of consideration of the Stage 2 amendments of the Wildlife Management (grouse moor reform) Bill.
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 report on what happened during the first day of consideration that took place two weeks ago can be found here.
Newly appointed Agriculture Minister Jim Fairlie MSP was in the hot seat. Screengrab from Scottish Parliament TV, 21 Feb 2024
Two separate sessions were required on Wednesday (one in the morning and one in the evening) to get through all the amendments, bringing Stage 2 of this Bill to a close.
Newly-appointed Agriculture Minister Jim Fairlie MSP led the Government’s response, taking over from Gillian Martin MSP whose Ministerial responsibilities have been moved elsewhere after the recent mini-reshuffle.
There were two other new faces on the Committee – Emma Harper MSP (SNP) who replaces former Committee member Jim Fairlie, and Elena Whitham MSP (SNP) who replaces former Committee member Karen Adam MSP who left after taking on commitments on a different Committee.
Other MSPs in attendance were Edward Mountain MSP (Conservative), Jamie Halco Johnstone MSP (Conservative, representing Stephen Kerr MSP) and Colin Smyth MSP (Labour), none of whom were eligible to vote on the Stage 2 amendments but who were present to speak to amendments they had lodged.
Wednesday’s two sessions were straight forward and once again there weren’t any big surprises with Committee members mostly voting along party lines, which meant that the numerous wrecking amendments put forward by the Conservatives, designed to weaken the Bill, were not supported by the majority. It also meant that various amendments put forward by Colin Smyth MSP (Labour), designed to strengthen the Bill, were also unsupported by the majority. Overall, the Bill passed Stage 2 pretty much in the format that the Government had introduced it, which is what had been anticipated.
I won’t go through the amendments one by one because there were too many. For those interested in proceedings the archive video of the two meetings are linked below, as is the meeting transcript.
The big ‘wins’ from our perspective were as follows:
There was majority support for Ministers to be given the power to add additional gamebird species to the licence if there is evidence that wildlife crime, such as raptor persecution, is taking place to facilitate the management of gamebirds such as pheasants and red-legged partridge. Ministers will have the authority to take evidence, consult and then vote on adding those species to the licence at a later date, if deemed appropriate.
This is a very important amendment especially given the recent trend in the release of red-legged partridge on grouse moors where shooting red grouse is no longer a viable commercial activity. Red-legged partridge and/or pheasants may be used by some grouse shooting estates as an alternative quarry if their licence for shooting red grouse has been revoked so having the power to include these additional species on the licence will close the loophole that some grouse moor managers may have sought to exploit in order to continue killing raptors without consequence. Amendments seeking to exclude this provision were lodged by Conservatives Edward Mountain and Rachael Hamilton but they were not supported.
Red-legged partridge pens placed on a moor in south Scotland
There was support for an amendment that provides a requirement for the use of medicated grit to be included in the Code of Practice being developed to support the new legislation. This is a timely amendment given the research published last week by the League Against Cruel Sports and Wild Justice that demonstrated widespread bad practice and the complete lack of monitoring of medicated grit use (see here).
REVIVE, the coalition for grouse moor reform has just released a campaign video to highlight those findings:
The details of what requirements will be made in the Code of Practice in relation to the use of medicated grit are still to be determined but the Government’s support for medicated grit use to be included is very good news indeed, especially when some grouse shooting organisations have been arguing against its inclusion.
The Minister discussed his intention to introduce a requirement in the Bill to undertake monitoring and reporting of raptor populations – specifically golden eagle, hen harrier and peregrine, species identified in the Werritty Review as being significantly impacted by raptor persecution crimes on grouse moors.
This monitoring would provide a key measure of success (or failure) of the Bill to tackle raptor persecution, which is one of its primary objectives, and whether the new legislation has been effective in this respect. The Minister said he would return to this issue at Stage 3 after discussions with NatureScot and the Scottish Raptor Study Group about the resources required to undertake monitoring and reporting. Rachael Hamilton lodged an amendment that called for a limit on the reporting of some raptor persecution incidents – she wanted to only include crimes that had been proven by conviction. In other words, to exclude incidents described as ‘suspicious’ such as those relating to the suspicious disappearance of satellite-tagged raptors on grouse moors. Her amendment was not supported.
One of the most significant ‘wins’ came from the majority vote to support the introduction of additional powers for the Scottish SPCA to allow them to investigate offences under the Wildlife & Countryside Act – an extension of their current powers to investigate offences under the Animal Health & Welfare Act. As regular blog readers will know, this issue has been kicked down the road repeatedly by the Scottish Government over a 13-year period (see here for timeline) so getting support after so long is particularly satisfying.
Of course there were the usual inaccurate and non-sensical objections from the Conservatives, with Edward Mountain claiming this “would give powers to people who have never had such powers before” and “It should be the police, not other people, who implement the law” and “It would give powers to third parties who I do not believe are qualified or have the legal training to exercise such powers“.
These continued claims about the SSPCA’s supposed inexperience and inability to investigate wildlife crime are laughable, given that they’re already an official specialist reporting agency to the Crown Office so know all about due process, they already work in partnership with Police Scotland and other agencies in raptor persecution investigations, and through their skill, experience and expertise routinely bring some of the most sadistic wildlife-abusers to justice, including badger baiters such as the recent case against a depraved gamekeeper employed on the Millden Estate in the Angus Glens (here). Edward Mountain should be thanking the Scottish SPCA for its tireless and often challenging work, and its willingness to undertake even more of it under this new legislation at no cost to the tax payer. Seriously, who would want to oppose the addition of more expert professionals to bring the wildlife criminals to justice?
Another big win came via Kate Forbes’s amendment to see the closing of the muirburn season brought forward to 31st March. Currently, gamekeepers can burn heather up until 15th April, and in some cases even to the 30th April where landowner discretion allows. This late season burning overlaps with the breeding season of various moorland bird species, and when that breeding season is predicted to get earlier in response to climate change it’s obviously idiotic to allow burning to continue during that period, just on the precautionary principle alone.
Grouse moor muirburn. Photo: Ruth Tingay
The 31st March was seen as a compromise as Conservatives Edward Mountain and Rachael Hamilton wanted burning to be permitted until 30th April whereas Green MSP Ariane Burgess suggested 15th March. There will be powers in the Bill to allow Ministers to review the 31st March cut off date to take account of future research findings.
Given that the majority of muirburn in Scotland currently takes place in April, the grouse shooting industry will not be at all happy with this new restriction. They’ve lobbied hard against it, including taking the newly-appointed Minister Jim Fairlie out to visit a muirburn site at the beginning of the week, but their lobbying influence is clearly not as powerful as they like to suggest it is.
They do have some influence, of course. Bizarrely, Kate Forbes found support amongst the Committee for another, related amendment, which will allow the beginning of the muirburn season to start two weeks earlier (i.e. 15th September as opposed to the current start date of 1st October). There is no justification for this other than to appease the grouse shooters by not shortening the overall muirburn season. In a climate emergency, this is bonkers. It suggests that the Scottish Government thinks that burning the moors to facilitate excessively large numbers of red grouse for a few selfish people to shoot for fun is more important than the global climate crisis. Actually it does more than suggest it – the Scottish Government was clear in its argument against Colin Smyth’s amendment (#143) that it thinks muirburn is acceptable for the sole purpose of maintaining & increasing red grouse so they can be shot for ‘sport’.
Although how much muirburn will actually take place in September remains to be seen – the heather will still be green-ish so won’t burn well and grouse shooting will be well underway so gamekeepers may have limited time to run around lighting fires. Let’s see.
A ‘sort-of’ win came with the acceptance of a change to the definition of ‘peatland’ as being ‘land where the soil has a layer of peat with a thickness of more than 40 centimetres’ (where “peat” means soil which has an organic content of more than 60%). The current definition of peatland in the Muirburn Code is peat with at least 50 centimetres depth, so dropping this down to 40cm is obviously good news as it means a larger area of peatland will now be protected (landowners will not be issued a licence to undertake muirburn for the purpose of grouse moor management where the peat depth is 40cm or greater). Edward Mountain’s amendment to increase the definition of peatland to 60cm peat depth, and Rachael Hamilton’s amendment for it to remain at 50cm, were unsupported. The Bill will also include a provision for Ministers to keep the definition of peatland under review as further research emerges.
The new peatland definition of 40cm peat depth will probably have a significant impact on the management practices of many grouse moors, particularly in Eastern Scotland where new research has shown a widespread disregard by grouse moor managers for the Muirburn Code restriction of burning on peatland with a 50cm depth (see here). The difference going forward will be that if they disregard the new 40cm depth restriction it will lead to the revocation of their muirburn licence. Having a serious consequence like that should encourage behavioural compliance (again, let’s see!).
I’ve described this one as a ‘sort-of’ win because although the change in definition is welcome (and long overdue), it could have gone so much further. The new definition of peatland could have been lowered to 30cm depth in line with the UK Peatland Strategy‘s definition (also followed by many countries internationally). Or, the definition of peatland could have removed the artificial construct of any peat depth altogether, as eloquently argued by Green MSP Ariane Burgess. There’s a very strong argument against using peat depth as a valid definition of peatland, to properly protect all peatland, including critically important shallow peatland, as explained recently in an excellent guest blog (here). However, the Minister didn’t support this approach.
Other amendments that passed during Wednesday’s sessions included a decision that falconers will not need to apply for a licence to hunt red grouse – that seems reasonable given the low number of people engaged in this sport and the lack of associated raptor persecution offences linked to it.
There was also a decision that grouse moor licences should be issued for a five-year period instead of the one-year period originally suggested in the Bill. The grouse shooting industry wanted a ten-year licence but five years was seen as more suitable to provide oversight and review capability by the regulating authority. In essence, the length of the licensing period is pretty inconsequential to us because the most important aspect is that the regulator (NatureScot) will still have the capacity to suspend or revoke a grouse moor management licence at any time during that five period if offences occur.
So, Stage 2 of the Bill is now complete and it moves on to the final Stage 3. This is when further amendments can be lodged and some will be selected (by the Presiding Officer) for a debate by the whole Parliament in the main chamber. Until Stage 3 is complete we won’t know for sure how strong this Bill is but it’s reasonable to think that there won’t be any catastrophic changes given the dominant voting power of the SNP and Greens. A date hasn’t yet been set for the Stage 3 debate but it is anticipated that it’ll take place in March.
After that, the development of the various Codes of Practice designed to support the new legislation will pick up speed and the details of those will take on great significance. A watchful eye will be kept on these to ensure that they are robust and fit for purpose.
Here is a copy of the Bill as amended after Stage 2:
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.”
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.
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, 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
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.
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).
Further to the blog I wrote yesterday about the conviction of Gary MacFarlane for the illegal sale of peregrine chicks (here), I’ve just received some more information about this case.
I had written that I wasn’t sure whether or not the case related to the laundering of wild peregrines, although Police Scotland’s press release had alluded to it.
However, I’m now reliably informed that the case against MacFarlane was centred on apparently legitimate captive-bred peregrines and his crimes involved admin offences where he’d entered incorrect details on Article 10 certificates about the paternal genetic lineage of some chicks he was selling, simply because he’d guessed at the identity of the sire, having used semen from a number of males to artificially inseminate the female. His case was NOT related to the laundering of wild peregrines and passing them off as captive-bred birds.
To be honest, the financial consequences of MacFarlane’s admin errors (a fine of £2,100 and the confiscation as proceeds of crime of £5,220 in cash found at his house) seem a bit over the top, especially as the Article 10 system as prescribed by APHA seems ridiculous to say the least.
I won’t go into details because I’m not sure I understand it fully but as a quick summary, APHA has allowed some falcon breeders to enter details on Article 10 certificates of up to 80 individual males as the potential sire of a captive-bred chick. MacFarlane apparently didn’t understand the system and as he’d used semen from six males, he thought he had to indicate on the certificate which one of those males sired the offspring, rather than saying ‘it was one of these six’. He guessed at the identity of the purported sire, got it wrong and has now paid the price. He’s also received an automatic five year ban from keeping Schedule 4 birds so he’s also lost his breeding stock.
The APHA system as it stands is useless, if the idea is to be able to keep track of individual captive-bred birds but then allows breeders to include the details of up to 80 potential sires – it’s bonkers. I understand there is ongoing work between a number of agencies to try and resolve and update the system.
But that’s for discussion elsewhere – it’s not really within the remit of this blog and it’s beyond my area of expertise.
Press release from Police Scotland (1st February 2024):
Man to pay £7,000 in fine & confiscation charges following peregrine falcon case
A 61-year-old man has been ordered to pay over £7,000 in fine and confiscation charges after pleading guilty to advertising and selling peregrine falcon chicks without the required legal documentation under the Control of Trade in Endangered Species Regulations 2018.
Gary MacFarlane from Blackridge, West Lothian, was fined £2,100 when he appeared before Livingston Sheriff Court for sentencing today, Thursday, 1 February, 2024.
He previously pleaded guilty to 11 charges at a hearing at Livingston Sheriff Court on Thursday, 26 October, 2023, where he was ordered to forfeit £5,220 in cash which had been seized from his home address.
The charges included four counts of advertising and selling peregrine falcons without Article 10 certificates being issued, which is a requirement under the legislation for selling such protected species.
He also admitted seven counts of making false declarations in terms of the parent lineage of the chicks.
Detective Constable Steven Irvine, of the National Wildlife Crime Unit, said:
“This case sends a strong message to those who flout regulations in terms of our endangered and protected species that Police Scotland will thoroughly investigate these crimes and bring those responsible to justice.
“Gary MacFarlane sold protected chicks for his own profit and under false pretences which led to an extensive police investigation involving significant support from partner organisations including the SSPCA, the Scottish Government’s SASA forensic unit, the Animal Plant Health Agency, the National Wildlife Crime Unit and raptor specialists.
“Members of the public have a vital role to play in tackling wildlife crime and I would encourage anyone with information or concerns about this type of criminality to contact Police Scotland on 101 or Crimestoppers anonymously on 0800 555 111.”
ENDS
This is a strange press release. I’m assuming it refers to the theft and illegal laundering of wild peregrines being passed off as captive bred birds, (‘He admitted seven counts of making false declarations in terms of the parent lineage of the chicks‘) but if it was the theft and illegal laundering of wild peregrines this hasn’t been stated explicitly, it’s rather just inferred.
Nor does the press release say when the offences took place, nor whether this case is linked to Operation Tantallon – the high profile police investigation into the theft and illegal laundering of peregrines in Scotland which saw part-time gamekeeper Timothy Hall and his son Lewis Hall convicted in December 2023. They are due for sentencing on 12 February 2024 (see here).
However, an article from a court reporter in The Herald (here) provides a bit more detail, saying the offences took place in June 2021 and came to light after buyers tipped off the Animal Plant & Health Agency (APHA) that MacFarlane was selling peregrines without the A10 certificates required for the sale of this species.
UPDATE 2 February 2024: Falconer’s conviction for illegal selling of peregrine chicks in Scotland was NOT related to laundering of wild peregrines (here).
The owner of Caerphilly Bird Rescue in Wales has been handed a suspended prison sentence and a lifetime ban from keeping animals after pleading guilty to six animal welfare offences.
Carol Gravenor, 67, of Coed Main, Caerphilly, was charged after 26 birds, including pigeons, blackbirds, crows, jackdaws, a peregrine falcon, and a buzzard, were found in an unsuitable and unhygienic environment.
An RSPCA inspector found the birds with injuries and illnesses which had not been treated properly, including fractured wings and damaged eyes and legs.
This peregrine was found in a small filthy cage with no water. Photo: RSPCA
Mrs Gravenor appeared at Newport Magistrates’ Court on Thursday January 11, where she was given a 14-week prison sentence suspended for 12 months. She was also ordered to pay £300 and a £154 victim surcharge.
This article in the Caerphilly Observer (dated 12 January 2024) provides a report from the RSPCA inspector about what was found at the sanctuary and an explanation from Mrs Gravenor’s solicitor about how she’d become ‘overwhelmed’ and ‘swamped’ following the death of her husband in 2021.
The birds were removed from the premises on 11 April 2023 and most had to be euthanised on welfare grounds.
Press release from South Yorkshire Police (25 January 2024)
APPEAL FOLLOWING PEREGRINE FALCON FOUND SHOT IN DONCASTER
We are appealing for information alongside the RSPB for information after a juvenile Peregrine Falcon was found with life-threatening injuries in Doncaster.
The shot peregrine. Photo via South Yorkshire Police
On 11 December 2023, an injured Peregrine Falcon was found on a school playing field at Littlemoor Infant Academy in Askern – a school which backs onto open countryside.
The bird, which had suffered shotgun injuries, was taken to a rehabilitation centre, where it received expert veterinary care at the Ryedale Wildlife Rehabilitation Centre.
X-rays revealed that the bird had two shotgun pellets embedded in its leg and a dislocated coracoid bone, which prevented the bird from flying. The location of the pellets and the nature of the injuries sustained suggest that the bird was probably flying when it was shot.
We are urging anyone with information to come forward and speak to us.
Peregrine Falcons are the fastest animal on the planet, capable of speeds in excess of 100 miles per hour. Pairs will nest on coastal cliff-edges, in quarries and in urban areas on buildings and industrial sites.
Although fully protected and recovering across the UK, illegal persecution is impacting Peregrine numbers. In the UK, the RSPB has recorded 173 incidents of Peregrine persecution over the last 20 years, with a minimum of 195 Peregrines either dying or sustaining injuries as a result of these criminal activities.
In the last five years alone, 29 Peregrines have been illegally persecuted in England with almost a quarter of these incidents taking place in Yorkshire. Data shows that nationally a significant proportion of raptor persecution incidents are linked to land managed for gamebird shooting.
Having suffered injuries which prevented sustained flight, the Peregrine was taken to Ryedale Wildlife Rehabilitation Centre in North Malton, where it received expert care with the support of Battle Flatts Veterinary Clinic. After a month of rehabilitative care the Peregrine was released back into the wild on 13 January 2023.
Jean Thorpe, Ryedale Wildlife Rehabilitation Centre: “When a bird has suffered in this way it’s difficult to know if they’ll survive. The stress alone can be too much for them, and rehabilitation can be really challenging.
“We were lucky with this one. It’s a real privilege to have the opportunity to encounter one of these incredible birds but I just wish it was under different circumstances.
“This isn’t the first shot Peregrine I’ve had to care for, and I doubt it will be the last. These crimes are happening right under our noses, it’s unforgivable.”
Inspector Peter Heginbotham, from South Yorkshire Police Wildlife and Rural Crime Team, said: “To know that a protected Peregrine Falcon has been intentionally shot with a shotgun and found in Doncaster is extremely concerning, but unfortunately not unique. Sadly, Peregrine Falcons are still being shot, trapped and poisoned in northern England.
“We will thoroughly investigate this crime and would encourage anyone who can assist us with our investigation to please come forward and help us tackle and prevent these crimes from happening.”
If you have any information, please contact us online, via live chat or by calling 101 quoting incident number 576 of 13 December 2023.
Alternatively, to get in touch anonymously, call the RSPB’s dedicated Raptor Crime Hotline on 0300 999 0101 or Crimestoppers on 0800 555 111.
ENDS
There’s an article about the rehabilitation and a video showing the release of this peregrine on BBC news website (here).
The story is apparently going to feature on BBC Look North this evening. Perhaps South Yorkshire Police will explain why it took six weeks to publish an appeal for information.
Well done and thanks, yet again, to the remarkable Jean Thorpe and her colleagues at Battle Flatts Vets.
Raptor Persecution UK 