Decision to enhance SSPCA powers runs the risk of hindering wildlife crime prosecutions

Press Release

A decision to extend the investigatory powers available to the SSPCA goes against the advice of an independent taskforce set up by the Scottish Government to examine the issue, Scottish Land & Estates said today.

The government said today that new powers will “allow the Scottish SPCA to in certain circumstances search, examine and seize evidence in connection with specified wildlife crime offences.”

The announcement comes just six days after a report from an independent taskforce examined three possible scenarios for future SSPCA powers and concluded that enhanced partnership working for the charity – rather than new investigatory powers - was the recommended route forward.

The taskforce recognised the difficulty in reconciling new investigatory powers with the SSPCA’s campaigning against legal land management practices including snaring and glue traps.

Crucially, the taskforce said that an extension of powers would be “fraught” and noted that Police Scotland raised extensive concerns about the proposals whilst the Crown Office highlighted the standards in evidence gathering, processing and reporting required.

Ross Ewing, Director of Moorland at Scottish Land & Estates, said:

“The Scottish Government, not for the first time, has appointed an expert taskforce to examine an issue and take evidence from key stakeholders - and then chosen to disregard its recommendations.

“We firmly support measures to address all forms of wildlife crime. It’s vital that those investigated have full trust in the impartiality of investigators. Where any form of search, examination or seizing of evidence is required, that should be the sole remit of Police Scotland.

“If additional resource is needed to tackle this priority area, Police Scotland should be provided with that resource by the Scottish Government instead of powers being granted to a charity.

“As the taskforce made clear in its report, there are substantial problems in allowing a campaigning organisation to hold key powers in investigating alleged criminality. The opposition of the SSPCA to legal land management tools such as snares is well known and surely calls into question their objectivity in any investigation.

“The Scottish Government also states that SSPCA Inspectors will be required to undertake specified training prior to exercising new powers – but does not assert who will pay for this training.

“Ultimately, SSPCA involvement could damage the likelihood of successful prosecutions where a crime has been committed if due process is not adhered to. This is a concern which Police Scotland raised in its evidence to the taskforce but is one that has been taken no notice of by the Scottish Government.”