Bell Ingram Show Diligence When It Comes to Wildlife Crime

The Wildlife and Natural Environment Scotland Act 2011 means individuals can be prosecuted for certain wildlife offences relating to the killing, taking, disturbing of wild birds and their nests.

This means that anyone who has the legal right to kill or take wild birds, or controls the exercise of that right, as well as anyone who secures the provision of certain shoot related activities, may be liable for offences committed by another person under their supervision or on their land.

The person who commits the offence need not be prosecuted in order for a prosecution to be brought against the person in managing or in control of the property on which the offence is committed.

This individual may successfully defend themselves if they can show the court that they did not know the offence was being committed and took all reasonable steps and exercised due diligence to prevent the offence being committed – known as Due Diligence Defence.

Charlotte Gilfillan, of Bell Ingram, said their pack of policy documents and templates have been created as a guide in order to help protect its clients. The templates can all be tailored to suit individual estates depending on their requirements and are currently being rolled out across Bell Ingram’s managed estates.

She added: “There has been a strong demand for a series of templates that could constitute a due diligence folder on estates.

“It’s the responsibility of each estate to ensure they are taking the best steps to implement the procedures. We hope that these guidelines will prove to be an easily accessible and comprehensive tool in demonstrating due diligence.”

Bell Ingram has been managing some of Scotland’s finest Estates since 1899.

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