The wrong way to tackle knife crime
The Government needs to address the root causes of knives being used as weapons, not target lawfully run businesses selling knives for shooting, fishing and other countryside activities, argues Conor O’Gorman.
BASC judicial review against Natural England – what comes next?
BASC has cleared the first hurdle in the legislative stage of its judicial review claim against Natural England. but what happens next?
In being granted permission by the High Court to proceed with a judicial review, it means the court concluded that BASC’s claim is arguable and it should proceed to a full hearing later this year.
The legal challenge relates to Natural England’s (NE) approach to licensing the release of pheasants and red-legged partridges on or near Special Protection Areas in England.
BASC initiated proceedings to seek clarity, fairness and a lawful framework for shoots and land managers affected by the current system.
Dr Alex Murray, BASC’s Head of Law, said: “Permission is a significant procedural stage and the vast majority of claims fall at this first hurdle. The grant of permission confirms BASC’s challenge raises serious issues that require judicial consideration.
“The court will now set a timetable for evidence and legal submissions ahead of a full hearing later this year. We now expect Natural England to address the points in our judicial review. BASC remains committed to ensuring that the licensing regime is applied lawfully and within the limits set by Parliament.”
What were BASC's arguments?
BASC made three arguments in its claim. The first concerns NE’s definition of ‘release’: it has treated birds as ‘released’ when placed into secure pens.
BASC contends that, in law, release occurs when birds are released into the wild. The court heard this raises an unresolved and arguable issue of interpretation, which is central to the operation of the licensing regime.
The second ground challenges licence conditions prohibiting the ‘keeping’ of gamebirds on a Special Protection Area before a specified date. This can have a significant impact on those who hatch and rear their own gamebirds on site.
The third ground concerns NE’s decision to extend licensing requirements beyond the legal boundaries which forces shoots to obtain licences even when releasing birds outside the designated SPA zones.
Furthermore, earlier in the process – following BASC’s Pre-Action Protocol correspondence – Natural England admitted that it had made an error when it imposed a licence condition that prohibited the use of lead shot where it had no legal power to do so.
An application by Wild Justice to participate in the proceedings was refused. The court held it is not directly affected by the claim and its involvement would not materially assist the court.
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