Targeted attacks on shoots by saboteurs at the start of the shooting season are unfortunately a recurring problem. The Countryside Alliance’s guidance sheet Saboteurs and Shooting – Practical Advice for Shoot Managers raises awareness of the risks, provides advice on arrangements that should be made in advance, and explains the actions that should be carried out by guns, beaters, pickers up or those carrying out any other role on the day, in the event of disruption by saboteurs.
Trespass on its own is a civil offence, meaning police involvement is limited, but aggravated trespass is a criminal offence under Section 68 of the Criminal Justice and Public Order Act 1994. Trespass is aggravated if a person trespasses on land with the intention of either intimidating, obstructing or disrupting any lawful activity in which people are, or are about to be, engaging on that or adjoining land. This is an important power for the police and also enables a shoot to bring a case against identifiable individuals who have committed the offence. Such action could include damages and costs.
Many disruptive protestors often try to conceal their identities by wearing face coverings. The police have the power under Section 60AA of the Criminal Justice and Public Order Act 1994 to require the removal of face coverings in designated areas. Failure to comply with a direction from the police is a criminal offence. It is important to note that since 2017 authorisation for these powers no longer has to be given in advance and in writing. Authorisation may now be given orally to constables on the ground faced with masked protestors.
This important change was made as a result of campaigning by the Countryside Alliance. However, the problem remains that the police are not making use of their powers to act against people who are using face coverings both to intimidate and to avoid prosecution for criminal activity such as aggravated trespass. It is therefore important that the police are informed if a criminal office is being undertaken, and that they then take the necessary action. Any criminal allegation will need to be corroborated with film footage to assist any subsequent prosecution, and it is important that the removal of face coverings is ordered by the police so offenders can be identified.
Saboteurs and Shooting – Practical Advice for Shoot Managers can be read here.