Crown Office and Procurator Fiscal Service

Crown Office and Procurator Fiscal Service News Release

17 February 2010

Specialist Crown Counsel appointed to handle Wildlife Crime

The prosecution of wildlife crime is to be enhanced by the appointment of a specialist member of Crown Counsel, the Solicitor General, Frank Mulholland QC, announced today.

Alex Prentice QC, Assistant Principal Advocate Depute, will provide support and legal advice to specialist Procurators Fiscal, and deal with any criminal appeals.

The appointment of specialist Crown Counsel builds on work already undertaken by the Crown Office and Procurator Fiscal Service to tackle wildlife crime more effectively.

COPFS has 18 specialist wildlife crime prosecutors based in offices around Scotland.

The Solicitor General announced Mr Prentice's appointment at the Scottish Police Wildlife Crime conference at Tulliallan today.

Mr Mulholland said:

"I am delighted to announce that Alex Prentice QC is taking on the role of specialist Crown Counsel for wildlife crime. The breadth and depth of his knowledge and experience of criminal law will be invaluable to the prosecution of this type of offence.

"We have a duty to ensure that Scotland's rich and diverse natural heritage is protected, and we remain committed to ensuring that the prosecution service provides a powerful and effective deterrent to those who commit crimes against wildlife."

Mr Prentice added:

"Wildlife crime is an often complex and challenging area of law. Among the most common types of offences are deer and salmon poaching, badger baiting, the poisoning of birds of prey and illegal traps and snares.

"I look forward to working with the specialist COPFS prosecutors around Scotland to help ensure those who commit crimes against wildlife are brought to justice."

Notes to Editors

1. Alex Prentice qualified as a solicitor in 1983 and as a Solicitor Advocate in 1994. He is a highly experienced criminal lawyer who practised as a defence solicitor for 21 years. In 2004 he became the first Solicitor Advocate from outwith the Crown Office and Procurator Fiscal Service to be appointed as an Advocate Depute. He was appointed as a Senior Advocate Depute in 2006 and took silk in 2007.

2. In September 2004, COPFS set up a national network of specialist wildlife prosecutors to tackle wildlife crime in Scotland. There are now 18 specialist Procurators Fiscal working across 11 geographic areas.

3. Specialist wildlife prosecutors work with police from the investigation stage onwards, and their knowledge and experience of wildlife crime and local communities is carried through to the case being prosecuted in court. They act as the local contact for receiving reports of wildlife cases - and to provide advice and information to wildlife investigators. They mark and also prosecute wildlife cases.

4. Among the cases successfully prosecuted by COPFS in 2009 were:

• James Stewart, a crewman on one of the UK's largest herring and mackerel trawlers, pled guilty under the Wild Mammals (Protection) Act 1996 Section 1 for mutilating, beating and crushing 21 grey seal pups to death in Shetland in November 2008. He was sentenced to 80 days in prison.

• James Faulds, 22, who killed a deer with a rock in the Pets Corner at Belleisle Park in Ayr in March 2009. He pled guilty to killing the animal under the Animal Health and Welfare (Scotland) Act 2006, section 19(1) and was sentenced to 22 months in prison, and banned for life from owning or keeping animals.

• Martin Johnstone, prosecuted for fox hunting in Glasgow after being caught digging near a foxes den in January 2009. He pled guilty to a charge under the Protection of Wild Mammals (Scotland) Act 2002, Section 1(1), deliberately hunting foxes with two dogs and was fined £500.

5. The Scottish Police Wildlife Crime Conference is being held at the Scottish Police College at Tulliallan on Wednesday 17 February 2010. The conference is open to anyone with an interest in wildlife crime and a wide range of interests will be represented, including landowners, conservation, gamekeepers and enforcement groups.

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