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<p>HM Government takes wildlife crime seriously. Significant sanctions are available
to judges to hand down to those convicted of wildlife crimes. Raptor persecution is
a national wildlife crime priority and there are strong penalties in place for offences
committed against birds of prey and other wildlife. Most wildlife crimes carry up
to an unlimited fine and/or a six-month custodial sentence.</p><p> </p><p>Sentencing
those convicted of wildlife crimes, including raptor persecution, is a matter for
judges; these decisions are rightly taken independently of HM Government. Within the
maximum limits it is up to the court to decide the appropriate sentence, having considered
the facts of the case.</p><p>However, HM Government does recognise that stakeholders
are often disappointed with the sentences that are passed down for wildlife crimes.
The UNODC Wildlife and Forest Crime Analytic Toolkit Report, published in 2021, suggested
that support should be given to the Sentencing Council for England and Wales in developing
prescriptive sentencing guidelines, where appetite permits. As with all the recommendations
of the report, it will be considered by the relevant agencies.</p><p>Defra does not
currently have any plans to introduce vicarious liability in England. The introduction
of new regulation, such as vicarious liability, requires evidence that it will be
effective. In the context of wildlife crimes, vicarious liability was introduced into
Scotland by the Wildlife and Natural Environment (Scotland) Act 2011. HM Government
is not aware of any compelling evidence that the introduction of the provisions in
Scotland has had a significant deterrent effect on those who persecute birds of prey.
We will continue to monitor the situation in Scotland to consider whether this, or
a similar offence such as strict liability, is necessary and proportionate to assist
in tackling wildlife crime in England.</p>
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