As landowners and land managers know, the Wildlife Management and Muirburn (Scotland) Act 2024 has introduced significant changes in law, including establishing a licensing regime for muirburn and the killing of grouse. Another important change is the provision of enhanced powers to the Scottish Society for the Prevention of Cruelty to Animals (SSPCA), to investigate wildlife crime.
Enhanced Powers of the SSPCA
Before the 2024 Act, the SSPCA had limited powers under the Animal Health and Welfare (Scotland) Act 2006. They could investigate offences under Part 2 of that Act related to animal welfare and take immediate action if an animal was suffering. They were unable, however, to investigate other offences even where they found evidence of such offences being committed, requiring instead to engage Police Scotland.
As of 17 October 2024, SSPCA inspectors can search for, examine, and seize evidence of 'relevant offences' whilst on non domestic property when attending that property under their existing powers.
Only authorised SSPCA inspectors, who have received individual authorisation under the 2024 Act, can exercise these extended powers. To gain this authorisation, inspectors must complete specific training, akin to the training a Police wildlife crime officer would receive, which includes a 2-day Wildlife Crime Officer Induction, a 1-week investigator training course, and advanced training on the Regulation of Investigatory Powers (Scotland) Act 2000.
Relevant Offences
The relevant offences which SSPCA can now investigate include certain offences under the Wildlife and Countryside Act 1981, including those relating to the protection and regulation of wild birds, wild animals, and their habitats, and related to trapping and the use of pesticides . They will also include offences under Sections 1 and 2 of the 2024 Act, relating to the use and supply of glue traps, when those offences come into force.
There is of course scope for Scottish Ministers to add to this list of relevant offences.
Entering onto property
The SSPCA's powers to enter property, whether with or without a warrant, remain unchanged. Authorised inspectors can enter non-domestic premises without a warrant if immediate entry is necessary for the welfare of an animal, or for the preservation of evidence, with a warrant being required in all other cases, and always in respect of domestic premises.
The enhanced powers allow inspectors to take action if they have concerns about a relevant offence while already responding to a case with their existing powers, but only on non-domestic property. They do not apply to domestic premises.
SSPCA and Police Interaction
Police Scotland will retain primacy for the investigation of wildlife crime and a Joint Working Protocol has been established to manage and maintain good working practices between both bodies. Police Scotland must be notified of every occasion where the enhanced powers are used, by the end of the working day on which those powers are used, and it will be for the Police to decide which organisation takes the investigation forward.
Going forward, in a bid to reduce wildlife crime. we expect to see more investigations being carried out by the SSPCA's authorised inspectors rather than Police Scotland, whose wildlife crime officers are stretched. Being aware of the extent of their powers and what to do in an investigation will be critical to all landowners and managers.
If you would like to know more about the SSPCA's enhanced powers and what you can do to protect your business, or need assistance with an SSPCA investigation, please do not hesitate to contact the specialist regulatory team at Brodies for expert advice and support.
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