Created 2007
Updated October 2011
Drawing by Joan Childs
On August 21st 2007 the new regulations for European Protected Species came into force.
Some remnants of the Wildlife and Countryside Act (1981) remain. According to the Bat Conservation Trust (as of September 22nd 2007)
“It is an offence for any person to:
- Intentionally (intentionally or recklessly in Scotland) ,kill, injure or take a bat. Under the Habitats Regulations it is an offence to deliberately capture or kill a bat.
- Possess or control a live or dead bat, any part of a bat, or anything derived from a bat.
This is an offence of strict liability, in other words the onus of proof is on the person in possession of the bat to show, on a balance of probabilities, that they have it lawfully.
This means you will be committing a criminal offence if you:
- Deliberately capture, injure or kill a bat
- Intentionally or recklessly disturb a bat in its roost or deliberately disturb a group of bats
- Damage or destroy a bat roosting place (even if bats are not occupying the roost at the time)
- Possess or advertise/sell/exchange a bat (dead or alive) or any part of a bat
- Intentionally or recklessly obstruct access to a bat roost*
*This is taken to mean all bat roosts whether bats are present or not. There is a defence that this is not illegal in a dwelling house, but the defence can only be relied on (other than in the living area of a dwelling house) if the Statutory Nature Conservation Organisation (SNCO), i.e. Natural England, the Countryside Council for Wales, or Scottish Natural Heritage was notified about the proposed action and allowed reasonable time to advise as to whether it should be carried out, and if so, how. Under the Habitats Regulations it is an offence to damage or destroy a breeding site or resting place of any bat. This is an absolute offence – in other words, intent or recklessness does not have to be proved.
It is illegal to intentionally or recklessly disturb a bat while it is occupying a structure or place that it uses for shelter or protection. There is a defence that this is not illegal in a dwelling house, but the defence can only be relied on (other than in the living area of a dwelling house) if the relevant SNCO was notified about the proposed action and allowed reasonable time to advise as to whether it should be carried out, and if so, how. Under the Habitats Regulations it is an offence to deliberately disturb a bat (this applies anywhere, not just at its roost).
Sell, offer or expose for sale, or possess or transport for the purpose of sale, any live or dead bat, any part of a bat, or anything derived from a bat. It is also an offence to publish, or cause to be published, any advertisement likely to be understood as conveying that they buy or sell, or intend to buy or sell, any live or dead bat, part of a bat or anything derived from a bat. Sale includes hire, barter and exchange.
Set and use articles capable of catching, injuring or killing a bat (for example a trap or poison), or knowingly cause or permit such an action. This includes sticky traps intended for animals other than bats.
Make a false statement in order to obtain a licence for bat work.
Possess articles for the purpose of them being used to commit an offence, or to attempt to commit an offence. These are punishable in a like manner as for the actual offence.
It is not illegal:
To take a disabled bat for the sole purpose of tending it and releasing it when no longer disabled, as long as that person can show that it was not disabled unlawfully by them.
To kill a bat, as long as that person can show that the bat was so seriously disabled, other than by their own unlawful act, that there was no reasonable chance of it recovering.
If the otherwise illegal act was the incidental result of a lawful operation and could not reasonably have been avoided. However this defence can only be relied on (other than in the living area of a dwelling house) if the relevant SNCO was notified about the proposed action and allowed reasonable time to advise as to whether it should be carried out, and if so, how.
Police and court powers
A police officer who suspects with reasonable cause that a person is committing or has committed an offence can stop and search them, search or examine any relevant thing in their possession, and seize it. They can also enter land other than a dwelling house without a warrant, or enter and search a dwelling house (with or without other persons) with a warrant. Bat offences are arrestable.
The potential fine for each offence is £5,000. If more than one bat is involved, the fine is £5,000 per bat.
An offender can also be imprisoned for six months.
On conviction the forfeiture of any bat or other thing by the court is mandatory, and items used to commit the offence (for example vehicles) may be forfeited.
we suggest you check with The Bat Conservation Trust website which has useful links to the statutory bodies concerned http://www.bats.org.uk/pages/bats_and_the_law.html
Contact BCTs helpline: 0845 1300 228
If you have reason to think a bat crime has been committed, find out what to do at http://www.bats.org.uk/pages/reporting_bat_crimes.html