Shooting Game

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Chapter 10

Shooting Game

WHAT IS MEANT BY ‘GAME’?

10.01 There are several Acts of Parliament dealing with the shooting of game. In some of those Acts the term ‘game’ is defined; however, the definitions are not always consistent. In some Acts there is no definition of the term. The definition, or the lack of it, is mentioned in this chapter when each of the statutory provisions is dealt with.

10.02 It is also important to note that under the legislation the word ‘game’ is not always given its everyday meaning; for example, rabbits (which are also referred to as conies) are included in the definition in some Acts.¹Further, the expression will include, where appropriate, dead game²as well as live, and tame game as well as wild.³

10.03 Strictly speaking, deer cannot be regarded as game but, since most of the law in this chapter applies to game and deer, both are dealt with in the one chapter. The law relating specifically to the shooting of deer can be found in Chapter 12.

10.04 Finally, the reader will find references made to various different types of game such as black game, red game, moor game and ground game. These terms are taken from the legislation, which on the whole does not seek to define them, and so we are left to apply a common sense approach as to what might be included in these various types of game.⁴

¹E.g. in the Poaching Prevention Act 1862 (PPA 1862), s 1.

²Loome v Bailey (1860) 3 E & F 444; though the Game Act 1831 (GA 1831) does not apply to game killed abroad (Guyer v R (1889) 23 QBD 100).

³Cook v Trevener [1911] KB 9, 74 JP 469. But tame pheasants are not ‘game’ within the meaning of the Night Poaching Act 1828 (NPA 1828) (R v Garnham (1861) 2 F & F 34).

⁴The exception is ground game which is defined: Ground Game Act 1880 (GGA 1880), s 8. See further Chapter 13.

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WHEN CAN I SHOOT GAME?

10.05 There are periods of the year, known as ‘close seasons’, during which game and deer⁵must not be shot.⁶These periods vary according to the bird or animal protected.⁷For this purpose, ‘game’ means: pheasants, partridges, black game, grouse/red game or bustards.⁸A table of close seasons is set out in Appendix C.

10.06 Furthermore, there are certain days and times, outside the close seasons, during which game must not be killed. Game must not be killed on a Sunday or on Christmas Day.⁹For this purpose, the term ‘game’ includes: hares, pheasants, partridges, grouse, heath or moor game and black game.¹⁰Since the word ‘includes’ is used, it is possible that other birds and animals may fall within the provision if they can be described as game.¹¹

10.07 In addition to the different definitions of game, there is a further distinction between shooting out of season and shooting on a Sunday or on Christmas Day. In both instances, in the Game Act 1831 (GA 1831), the words ‘kill or take’ are used, but in respect of Sundays and Christmas Day there are the added words: ‘or use any dog, gun, net, or other engine or instrument¹²for the purpose of killing or

⁵For this purpose deer are the species listed in section 3 of Appendix C (Deer Act 1991 (DA 1991), s 2(2) and Sch 1).

⁶GA 1831, s 3; DA 1991, s 2(1); Game (Scotland) Act 1772 (G(S)A 1772), s 1.

A general exception arises under Agriculture Act 1947 (AA 1947), s 98. In this instance government ministers may require a person having the right to do so to take steps to kill particular birds and animals which are causing damage, even though they may be out of season. The only animals which may presently be the subject of this requirement are deer, though other animals and birds may be nominated by government order.

For special exceptions relating to deer, see para 12.21 and, in the case of deer, the maximum punishment on summary conviction is a fine at level 4 on the standard scale (currently £2,500), or 3 months’ imprisonment, or both (DA 1991, s 9(1)). If an offence involves more than one deer, the maximum fine shall be regarded as if there was a separate offence against each deer (DA 1991, s 9(2)).

In the case of game, the maximum penalty on summary conviction is a fine at level 1 on the standard scale (currently £200), for every head of game illegally taken (GA 1831, s 3; G(S)A 1772, s 1).

⁷GA 1831, s 3; DA 1991, s 2(2) and Sch 1.

⁸GA 1831, s 3. In Scotland, G(S)A 1772, s 1 creates close seasons applicable to muir fowl, tarmagan (old spelling of ptarmigan), heath fowl, partridge or pheasant.

⁹GA 1831, s 3. The maximum punishment on summary conviction is a fine at level 1 on the standard scale (currently £200).

¹⁰GA 1831, s 2.

¹¹However, the word ‘includes’ has been interpreted in some statutory contexts to mean exclusively the items mentioned after it.

¹²E.g. a snare.

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taking any game’. This distinction has significance, as to shoot at and miss a pheasant on Christmas Day is an offence, but to do so on a weekday during the close season is not.

10.08 There are also restrictions on shooting game at night. You must not unlawfully¹³take or destroy any game¹⁴or rabbits at night¹⁵on any open or enclosed land.¹⁶By a later Act¹⁷this restriction was extended to include any public road, highway or path or the sides thereof and the openings, outlets or gates from any open or enclosed land leading onto any public road, highway or path.

GAME LICENCES

10.09 Game licences have now been abolished throughout the UK. Since 1 August 2007, there has no longer been any requirement to hold a game licence to shoot game in England and Wales.¹⁸The change was brought about as the cost of game licences had not kept up with inflation, and the requirements were not strictly adhered to, meaning that game licences did not generate significant revenue for the Crown. The fee payable for a game licence varied, depending on whether it was to be valid for a full year or part thereof, but the maximum fee in 2007 was as little as £6, having not been increased in many years, and even thereafter remained unaltered for Scotland and Northern Ireland, where game licences continued to be required for several more years. It is perhaps unsurprising, therefore, that game licences were also finally abolished in both Scotland and Northern Ireland by legislation passed in 2011. In Northern Ireland the requirement to hold a game licence in order to shoot game ceased with effect

¹³I.e. without having the game rights. Thus, a tenant not having these rights could be convicted under this provision for these activities on land within his tenancy (Liversedge v Whiteoak (1893) 57 JPN 692; although this case does not specifically refer to night poaching, the principle is of general application).

¹⁴‘Game’ includes hares, pheasants, partridges, grouse, heath or moor game and black game (NPA

1828, s 13). As to ‘includes’, see fn 11.

¹⁵This is from one hour after sunset to one hour before sunrise (NPA 1828, s 12).

¹⁶NPA 1828, s 1. To do so is an offence with a maximum punishment on summary conviction of a fine at level 3 on the standard scale (currently £1,000). For an interpretation of ‘enclosed land’, though in another context, see para 12.25 and fn 109 thereto.

¹⁷Night Poaching Act 1844 (NPA 1844), s 1.

¹⁸The Regulatory Reform (Game) Order 2007 (SI 2007/2007) (RR(G)O 2007). This repealed in its entirety the Game Licences Act 1861 in respect of England and Wales and likewise the Hares Act 1848. Certain provisions of the GA 1831 were repealed, and various other consequential amendments made to legislation, to remove references to the requirement for a game licence in England and Wales. See RR(G)O 2007, art 2 and Sch, Pt 1.

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