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Shooting Times article


Piebob
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Don't know how amny of you have seen it yet but one of the articles in this week's ST is about a gamekeeper who was cleared of shooting a dog unlawfully, as it was worrying livestock (sheep). Quite rightly, but the gist of the article seemed to be that he had been charged when the police arrived as all he mentioned was that the dog had been killing pheasants in his pen - no mention of the sheep until later on.

 

Anyway, there was an information box accompanying the article that said that there are no circumstances under which it is legal to shoot a dog for killing game birds. Whereas I thought that, whilst still in the pen, gamebirds were classed the same as livestock and that it would be legitimate to shoot a dog in a pen if required. The keeper, and another person if I recall, spent an hour trying to catch the dog, then eventually shot it.

 

Is Shooting Times correct?

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The definition of 'livestock' under The Dogs (Protection of Livestock) Act 1953 includes

cattle, sheep, goats, swine, horses and poultry. Game birds are not included. However,

for the purposes of civil proceedings under the Animals Act 1971 it includes pheasants,

partridges and grouse in captivity.

‘Worrying’ is where a dog attacks or chases livestock in such a way that it could

reasonably be expected to cause injury or suffering to it, or, in the case of female

livestock, abortion, or the loss or diminution of their produce.

 

Taken from BASC.

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Thinking back to my previous life my recollection is that dogs worrying pheasants cannot be shot legally and a person that did so could be prosecuted. Thats criminal law. Under civil law the shooter might be able to use the dogs actions as a defence to a civil action for damages.

In this case I would have hoped that if the keeper had mentioned the sheep at the beginning then no prosecution would have taken place. Where I live there is a lot of livestock and, sadly, several stray dogs are shot every year by local farmers when they are found attacking or worrying livestock. In addition, the dog owner, if identified, can be required to pay compensation to the farmer for the damage/danger to the livestock.

I say sadly, as its sad for the dog, and I blame owners, not dogs when it happens.

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