Deer and the Law
There are six species of deer in the UK: native Red and Roe Deer; Fallow Deer (first brought to Britain during the Roman period but now considered to be naturalised), and invasive, non-native Sika, (Reeves’) Muntjac and Water Deer. Deer popualtions are probably higher now than ever before. They are an important part of the UK’s countryside and play a vital role in creating balanced ecosystems.
Deer are protected by the Deer Act 1991 which criminalises various activities including poaching deer and the use of certain ammunition in hunting deer and the Hunting Act 2004 which bans hunting of mammals with dogs, but they can currently be legally hunted in certain circumstances at certain times of the year.
It is illegal to:
- Use anything except legal firearms to kill deer.
- Use a snare to take or kill a deer.
- Shoot out of season unless authorised to do so.
- Shoot at night (one hour after sunset to one hour before sunrise) except under licence.
- Shoot from a moving vehicle, or use a vehicle to drive deer.
- Sell venison in Scotland, except to a licensed venison dealer.
Deer are fully protected by the Hunting Act 2004 which makes it illegal to hunt mammals including deer with dogs, yet there are still packs hunting deer in the south-west of England.
Stag hunts (which do not technically ‘trail hunt’) use exemptions and loopholes in the Hunting Act – especially the so-called ‘Observation and Research’ exemption which allows hunting with two dogs ‘for the purpose of or in connection with the observation or study of the wild mammal.’
- No peer-reviewed ‘research’ has EVER been published by a hunt.
- To get around the Hunting Act 2004, note that hunts will use two dogs ‘in relay’ – as the dogs tire they will be replaced wth fresher ones, meaning that a single deer will eventually be chased by many dogs but not by more than two dogs at any one time (though hunts have been recorded on numerous occasions chasing deer with more than two dogs).
Hunts have recently starting claiming (without any evidence) that the hunted deer ‘has TB’, exploiting Schedule 1.2(a) of the Hunting Act, through which the hunt can use two hounds to flush out a mammal that might cause “serious damage” to livestock. However any deer suspected of having bTB shouldn’t be chased across the countryside as the risk of spreading the disease in the deer’s bodily fluids (eg saliva) is presumably very high.
Hunts routinely suggest that they are only hunting a deer to ‘put it out of its misery’ or to ‘relieve suffering’. This invariably means that the ‘suffering’ deer is chased on horseback for many miles before the exhausted animal is finally shot.
Deer hunting is yet another reason why we have launched our campaign to replace the Hunting Act with much stronger legislation which bans hunting with dogs with no exceptions whatsoever. Please see ‘A Proper Ban on Hunting‘.
Deer poaching is the illegal or unauthorised hunting of deer. It is carried out in a variety of ways including shooting at night under spotlight (lamping) and illegal hunting with dogs. Lamping and the use of night vision equipment is considered to be the most common method of poaching deer in Northern Ireland.
- Poachers have no regard for the welfare of deer. Deer are routinely chased down by dogs at night or are killed out of season, even when they are close to breeding.
- Poachers regularly intimidate and threaten landowners and members of the public when challenged. They are often involved in armed trespass, a serious offence of trespassing with a firearm.
- Poachers are often part of criminal gangs with links to violence and other areas of crime.
Deer are not protected all year round, but they can NOT be legally hunted during the following periods:
- Red deer stags: 1 May to 31 July
- Red deer hinds: 1 March to 31 October
- Fallow deer bucks: 1 May to 31 July
- Fallow deer does: 1 April to 31 October
- Roe deer bucks: 1 November to 31 March
- Roe deer does: 1 April to 31 October
- Sika deer stags: 1 April to 31 October
- Sika deer hinds: 1 April to 31 October
It is illegal to go onto land without the consent of the owner or occupier (or other lawful authority) in search or pursuit of deer with the intention of taking, killing or injuring.
Even with landowner permission or consent to go onto the land it is illegal to take or intentionally kill certain deer in close season, or to attempt to do so.
- There is an exception for businesses which keep deer in enclosed land for the production of meat, or other foodstuffs, or skins or other by-products, or as breeding stock. Such deer must be conspicuously marked/tagged so that they can be identified.
- It may also be a defence if an offender believed they would have had consent if the owner/occupier knew what they were doing, and the circumstances in which they were doing it.
A licence is no longer needed to kill or take deer anywhere in the UK, though obtaining a Deer Stalking Certificate is typically recommended by shooting websites looking to legitimise deer shooting.
However, it is law that someone must apply for a licence (A16) from Natural England to shoot deer:
- in the close season for health and safety reasons, or to prevent the deterioration of natural heritage.
- at night for health and safety reasons, to prevent the deterioration of natural heritage or to stop serious damage to property.
Natural England will only (or at least, should only) issue a licence where there:
- is a serious risk of deer causing the problems concerned;
- is not a satisfactory alternative.
In law, only rifles and ammunition which are legal for the species of deer being shot can be shot. The legal requirements are laid down in the Deer Acts and vary slightly depending on the size of deer being killed.
England and Wales
For Muntjac and Chinese Water Deer only – a rifle with a minimum calibre of not less than .220 inches and muzzle energy of not less than 1000 foot pounds and a bullet weight of not less than 50 grains may be used.
For all deer of any species – a minimum calibre of .240 and minimum muzzle energy of 1,700 foot pounds is the legal requirement.
Northern Ireland
For Muntjac and Chinese Water Deer only – a rifle with a minimum calibre of not less than .220 inches and muzzle energy of not less than 1000 foot pounds and a bullet weight of not less than 50 grains may be used.
For all deer of any species – a minimum calibre of .236 inches, a minimum bullet weight of 100 grains and minimum muzzle energy of 1,700 foot pounds is the legal requirement.
Scotland
For Roe Deer, where the bullet must weigh at least 50 grains AND have a minimum muzzle velocity of 2,450 feet per second and a minimum muzzle energy of 1,000 foot pounds may be used.
For all deer of any species – the minimum legal requirement is that the bullet must weigh at least 100 grains AND have a minimum muzzle velocity of 2,450 feet per second and a minimum muzzle energy of 1,750 foot pounds.
No it is not.
It is a criminal offence to set a trap or snare, or to use poisoned or stupefying bait intended to cause injury to any deer coming into contact with it, or to use such methods for the purpose of taking or killing a deer (or to attempt to do so).
It’s also illegal to use certain firearms or ammunition as set out in the Deer Act (unless the owner has given written permission to do so), kill a deer from a moving vehicle, as well as use other specific weapons and articles such as spears and arrows.
In law, deer which can roam freely are wild animals and are not owned by, or the responsibility of, anyone and have protection under the Deer Acts. NatureScot (which generally appears pro-hunting and pro-shooting) says that “Scotland’s deer are owned by nobody but managed by numerous organisations and individuals – as a hunting asset, in the public interest and to reduce deer impacts on agriculture”.
A wild deer becomes the property of a landowner when “reduced into possession” i.e. killed or captured: in other words a culled deer is the property of the owner of the land on which it dies.
A deer killed in a road accident is the property of the owner of the highway, verge or land on which it falls.
How the law relates to enclosed deer (for example in a park) is less clear, but they are generally regarded as “wild” with respect to shooting ‘seasons’.
Deer which carry tags that include the agricultural holding number or which are listed as part of a farm enterprise are regarded as domestic livestock and therefore (in law) as property.
Some stag hunt supporters are currently claiming that the hounds that hunts use are able to detect diseased deer that appear healthy to human observers.
This claim is designed to excuse hunting with hounds, exploiting Schedule 1.2(a) of the Hunting Act, through which the hunt can use two hounds to flush out a mammal that might cause “serious damage” to livestock.
The British Deer Society stated in September 2023 that “the BDS has seen no evidence that hounds are able to detect or select diseased
deer that appear healthy to experienced humans. No peer-reviewed scientific work has given any weight to this theory.”
Bovine Tuberculosis (bTB) is a Notifiable Disease and must be reported.
Stag hunts have started to claim that they are offering a service by killing deer infected with bovine tuberculosis. How could they recognise a deer with bTB though?
According to a best practice guide published by the Deer Initiative in 2009 and repeated verbatim by Nature Scot in January 2023, “Live deer often show no outward signs of infection but animals with advanced disease may appear emaciated, have diarrhoea or may just be quiet and unwell“. Stag hunts last for many hours and hunts choose the largest, healthiest deer to chase, making an absolute nonsense of their claims to be searching out infected deer.
What should they do if they then kill a deer they think has bTB?
If TB is suspected in a wild deer carcase the following actions have to be taken:
- Under the Tuberculosis (Deer) Order 1989 (as amended) suspicion of TB in any deer (or carcase) whether farmed, park or wild, must be notified to the Duty Vet at a local Animal Health Office,
- Contact the Animal and Plant Health Agency (APHA) on 03000 200301 and report your findings.
- Contain the gralloch / viscera in an impervious container (eg. a strong, sealed plastic bag).
APHA will advise on the next steps. If disease is suspected an APHA inspector will be deployed to collect the required samples. APHA can also advise regards disposal of the remainder of the carcase and its contents.
- It is important that suspicious carcases are handled and disposed of safely and in line with the Animal By Products Regulations as they can pose a disease risk to other animals.
This should mean that if a stag hunt claims they are hunting a deer with bTB they MUST NOT share out the animal after a kill (or collect trophies) and MUST inform APHA of the kill if those claims are to be taken seriously.
The police have the power to stop and search a person, and any vehicle, animal, weapon or other thing the person may be using, if there are reasonable grounds to believe an offence under the Act has been or is being committed.
- The police also have the power to seize and detain any deer, venison, vehicle, animal, weapon (or other thing relating to the offence) as evidence.
- The police have power to sell any deer or venison seized.
- The police have power to enter land (unless it is a home or ‘dwelling house’) without a warrant, in the exercise of their powers under the Act, or when arresting a person for an offence under the Act.
The penalty for offences under the Deer Act 1991 is a maximum level 4 fine and/or, in some cases, imprisonment of up to 3 months.
The Court also has the power to order the forfeiture of any deer or venison in relation to the offence, and any vehicle, animal, weapon, etc, which was used to commit the office (or could have been used to take, kill or injure deer).
In some case, the Court also has the power to cancel any firearm or shotgun certificate held by a person.
If someone is charged with an offence under the Deer Act 1991, the following defences are available:
- the act was in pursuance of a requirement by the Minister of Environment, Food and Rural Affairs (Efra).
- the act was to prevent the suffering of an injured or diseased deer.
- killing the deer was an act of mercy– but where a smooth-bore gun (ie one that has a barrel without rifling) is used and the deer had been seriously injured (not by that person’s act) or was in a serious condition.
- where, in the case of the slaughtering of a deer, the person uses certain other types of smooth-bore guns.
- where the person has a licence granted by Natural England.
Various defences are also available to occupiers of land, as well as members of their household, and their employees, and others who have the right to take or kill deer on that land.
It is not a legal requirement to report hitting a deer, even though it’s estimated that 40,000 (and perhaps as many as 74,000) deer are killed or injured on UK roads every year.
The advice usually given is as follows:
If you hit a deer while driving or see an injured deer on the roadside:
- Pull over at a safe place and when it’s safe to do so, and if necessary use hazard lights to advise other motorists the vehicle has stopped.
- Call the Police and give as precise a location as possible.
- Do not try to assist or move the deer unless you have been trained – deer are powerful; wounded animals can lash out; the deer may try to run across the road risking another accident; and you could put yourself in danger.
Muntjac (or Reeves’ Muntjac) were brought from China to Woburn Park (Bedfordshire) in the early 20th century.
Deliberate releases and escapes from Woburn and other estates in Northamptonshire and Warwickshire, led to the establishment of feral populations, and they are now widespread and increasing in number and range.
However, they are not considered a native species here and perhaps never will be. In fact muntjac were listed as an invasive non-native species under the Invasive Alien Species (Enforcement and Permitting) Order 2019.
In broad terms the Order prohibits:
- The release of muntjac into the wild anywhere in England and Wales without a specific license (Note: the Order revoked any existing release licenses previously granted under the Wildlife & Countryside Act 1981)
- The import of live muntjac into the UK
- The breeding of muntjac in captivity
- The sale of live muntjac
Any muntjac already in captivity when the Order came into force must remain in captivity until the end of their natural lives and should not be bred.
Under this Order, animal rescue centres (or similar) are not allowed to release any muntjac back into the wild that have been brought to them and rehabilitated (the same applies to Grey Squirrels which are also listed).
It’s possible that deliberately releasing a muntjac accidentally trapped in an enclosed area would constitute an offence, though releasing an animal accidentally trapped outside (caught in netting for example) wouldn’t be.
Wildlife crime is defined as any action which contravenes current legislation governing the protection of the UK’s wild flora and fauna, including species traded in the UK.
Note that wildlife crime does NOT include:
- Incidents involving domestic or companion animals such as dogs (other than dogs being used to hunt mammals), cats, rabbits, domesticated birds, etc.
- Wild animals that have been involved (killed or injured etc) in road traffic accidents.
Road accidents with wild animals do not need to be reported to the police, but note that domestic animals (as well as goats, horses, cattle, asses, mules, sheep and pigs) come within the remit of the Road Traffic Act.
If you have a road accident involving these animals you are required by law to report it to the police. If the wild animal is so badly injured in a road accident that there is no chance of recovery or the animal can not be returned to the wild then he or she may be euthanised, providing there is no appropriate long-term captive or semi-captive accommodation or when treatment would involve undue suffering or distress.
If we come across a wildlife crime scene or a dead bird/object that may be related to a wildlife crime every piece of information is – or might be – important, but it needs to be recorded properly and accurately for the authorities to have a chance of prosecuting an offender.
- Before we do anything else it is very important that we do NOT approach anyone we suspect of committing a crime – they may be violent and/or aggressive. This is especially true of badger baiters and hare coursers who are typically extremely violent. This must be a first priority!
What do we need to record?
- What we can see happening – what sort of crime is being committed
- Are any firearms involved, could we or the public be in danger?
- The exact location. Most smartphones have map apps or download the free What3Words app. If in open countryside look for obvious landmarks or fence lines, a tall or isolated tree, a wind turbine, any streams or brooks etc. Think about what would you need to re find a remote location.
- It is important to record if at all possible whether we are on or near public land as this will determine the type of police response.
- Never put ourselves in danger, but can we see who is involved and what they look like (e.g. number of people, their gender(s), age(s), the clothing worn, tools being carried)? Can we hear them – if so what are they saying, are they using any names etc?
- If any dogs are involved how many are there, what colour are they, do we know what breed they are (even information like ‘terriers’ or ‘lurcher-types’ can be very useful).
- The make, colour and registration number of any vehicle (we can take photos of a car if we think it is being used or might be used to commit a crime). Does it have any obvious dents, branding or markings, spotlights, bullbars etc.
DO and DO NOT
- Do NOT disturb the scene by walking around unnecessarily – small pieces of evidence (cigarette ends, footprints, the marks left by a spade etc) may be lost or trampled into the mud or grass.
- If photographing an object do try to use eg a coin or a notebook/field guide for scale – providing it won’t disturb the crime scene.
- If in the countryside take wide angle photographs of any landmarks (a tree, a distinctive fenceline, a hill) that might help officers relocate the crime scene. DO NOT mark a site with eg a white plastic bag though. Being able to see a marker from a distance might sound like a good idea, but it will also alert an offender that someone has been at the site: they may go back and remove the evidence
- Do NOT move any items at the scene – the exception being if they are likely to disappear before the police arrive when we can collect them as evidence.
- Do NOT touch any dead birds or animals with bare hands. They may be poisoned baits or victims of poisoning. Many poisons (eg Carbofuran) are extremely dangerous in even very small amounts and can be absorbed through the skin.
- Do NOT do anything illegal ourselves – that might mean our evidence is not admissible.
If we see a wildlife crime taking place (or someone is at risk of getting injured or is being threatened) call 999 immediately.
They will want to know what we can see happening:
- What sort of crime is being committed
- Are any firearms involved
- Could we or the public be in danger
- Do we have photos or video footage which may be used as evidence
- Tell whoever you REPORT the crime to exactly what you have RECORDED as described in the section above.
To report a historic crime – that is, a crime that is no longer taking place – use 101 or a local organisation instead.
- If calling the police ask to speak to a Wildlife Crime Officer and make sure to get an Incident Report number.
- Please always follow any advice given and – if they are not available – insist that a Wildlife Crime Officer is made aware of your report.
- Our options are wider if the event is over, and it may be preferable to talk first to a charity or NGO to get advice. Crimestoppers (an independent charity) can be contacted in complete confidence on 0800 555 111
- When thinking about reporting a crime it’s worth noting that only the police have statutory powers to make an arrest. RSPCA and RSPB investigation officers work with the police for successful prosecutions.
Reporting a wildlife crime (or even a suspected wildlife crime) is important for two reasons.
- If the event is still happening it may enable the authorities to catch the criminals ‘in the act’ (which means a higher chance of prosecution),
- and if the event is over a report can still help to build up a more accurate picture of what might be happening in a specific location or across the country as a whole.
Our help is always welcomed
- Whoever we decide to contact we have been assured that our help is welcomed and that if we’re in any doubt that what we’re seeing is a crime we should report it anyway. Remember, if what we see ‘feels’ wrong, it probably is!
- Even if we’re not sure about what we’re seeing, we can take a photograph and email it to the police or an investigations officer – they are trained to quickly recognise for example when a snare is illegally placed, whether a trap is being used illegally, or whether a crime is being committed or not.
- We may help stop or solve future crimes by helping build up a pattern of behaviour in an area.
For more general information about deer in the UK go to our Deer Facts page.
Have you ever wondered what UK law says about hunting with dogs, shooting, or collecting bird eggs? Or what protection foxes, badgers, bats, and birds of prey have? Whether a gamekeeper is using a snare, spring trap, or a cage trap legally? Wanted to know more about operating drones, using airguns, or driving quad bikes legally? What the different forms of trespass are, what constitutes assault, or what we should do if we’re arrested?
And have you ever been unimpressed with having to search hunting and shooting websites to find some of the information you need?
Us too! Which is why we have developed ‘Protectors of the Wild‘ and laid out the information we need in over thirty simple, mobile-friendly pages just like this one.
‘Protectors of the Wild‘ is a free resource to help us all become ‘eyes in the field’ by learning how to recognise, record, and report wildlife crime and wildlife persecution.
After all, the more we know, the more any potential criminal will have to be looking over their shoulder wondering if we know enough to Recognise, Record, and Report what they’re up to.
And the more we can all do to help protect the wild.
Have you ever wondered what UK law says about hunting with dogs, shooting, or collecting bird eggs? Or what protection foxes, badgers, bats, and birds of prey have? Whether a gamekeeper is using a snare, spring trap, or a cage trap legally? Wanted to know more about operating drones, using airguns, or driving quad bikes legally? What the different forms of trespass are, what constitutes assault or harassment, or what we should do if we’re arrested?
And have you ever been unimpressed with having to search hunting and shooting websites to find some of the information you need?
Us too! Which is why we have developed ‘Protectors of the Wild‘ and laid out the information we need in thirty five simple, mobile-friendly pages and over 400 FAQs just like this one.
‘Protectors of the Wild‘ is a free resource to help us all become ‘eyes in the field’ by learning how to recognise, record, and report wildlife crime and wildlife persecution.
After all, the more we know, the more any potential criminal will have to be looking over their shoulder wondering if we know enough to Recognise, Record, and Report what they’re up to.
And the more we can all do to help protect the wild.
- Punishment must fit the crime. Conditional discharges and paltry fines are not a disincentive for criminals.
A common complaint is that even if wildlife criminals are brought to court the fines or sentences they get are pathetic and not a disincentive. In most cases judges are giving out the penalties they are allowed to under the law. Changes can be made though. In 2022 the maximum sentence for ‘causing uneccesary suffering’ went from six months to five years. That was the result of targeted public pressure and campaigning. We need to identify where changes should be made and push hard for them.
- Wildlife crime must be notifiable and statistics accurately compiled so that resources can be properly targeted.
Police forces are required by law to inform the Home Office of any notifiable offences, which then uses the reports to compile the crime statistics known as ‘recorded crime’. Currently, wildlife crimes are not ‘notifiable’ though. Without them being notifiable, no one knows how many wildlife crimes are being committed across the UK and where the hotspots are (though ‘grouse moors’ is one obvious response). As we have stated many times on this website, law and legislative enforcement is hugely underfunded and under-resourced. Some of this has undoubtedly been through political choice, but if we at least know which crimes are being committed and where, the resources that are available can be placed where they are needed most.
- There must be changes to make it far easier for all of us to play our part in ‘Recognising, Reporting, Recording’ wildlife cime.
As even a quick glance at the Protectors pages makes clear, laws protecting wildlife are hard to understand. Major pieces of legislation like the Hunting Act 2004 and other laws are riddled with exemptions which strongly favour the hunting, shooting, and agricultural industries. Some date from a century or more ago and don’t reflect the modern world. These need to be updated. While there has undoubtedly been efforts made by successive governmants to use ‘plain english’ to explain legislation, any government wanting to tackle wildlife crime needs to make understanding what is and what isn’t a crime far more easily understood and put resources into a reporting system that the public feel confident using. Crucially, the public need to be sure that if they do report a crime it will be acted upon.
- We have to protect the environment and wildlife properly.
Laws protecting wildlife and the environment need to be revised to reflect the 21st century and the biodiversity and climate crises we are in. Animals (and plants) are not an add-on or a ‘nice to have’ – they have shaped the systems that life depends on, and our laws need to reflect how critically important they are.
If you’d like to support just one legislative change, Protect the Wild has launched ‘The Hunting of Mammals Bill: A Proper Ban on Hunting‘ – please sign our petition calling for a proper ban on hunting with dogs.
We would like Protectors of the Wild to be the ‘go to’ free resource, packed with the kind of information that really does help all of us become ‘eyes in the field. But we can’t possibly think of every question that might need answering or every situation someone might find themselves in! And while the information in these pages is largely taken from Government online advice and was compiled in 2023, perhaps we’ve missed something out.
If you could provide us with legal advice get in touch. Or if you find a mistake or a gap please let us know. That way we can continually improve Protectors of the Wild – for the benefit of animals and all of us. Thanks.
‘Protectors of the Wild’ is a project of Protect the Wild. We have a dedicated email address for anyone wishing to get in touch with a specific Protectors query or with additional information etc. Please use the form on our Contact Protectors page or email protectors@protectthewild.org.uk. Thank you.
Much of the information we give in these pages is very technical or to do with legislation which can be revised without much notice. While we have worked very hard on these pages and we take keeping our information accurate and up-to-date very seriously, Protect the Wild are not legal professionals. Just to make sure no-one thinks we’re offering professional legal advice, we feel obliged to include the following disclaimer on every page.
- Please think of the ‘Protectors of the Wild’ pages as a ‘first stop’ before seeking legal advice. We provide information not professional opinion. The information provided by Protect the Wild should NOT be considered or relied on as legal advice and is for general informational purposes only. Any of the material on our website may be out of date at any given time, and we are under no obligation to update such material. Protect the Wild assumes no responsibility for the accuracy and correctness of any information, or for any consequences of relying on it. Please do not act or refrain from acting upon this information without seeking professional legal advice.
