Plants and the Law
A wild plant is an uncultivated plant that grows as nature intended it to in the wild in England and Wales. Under the Wildlife and Countryside Act 1981 the term ‘plant’ includes algae, lichens and fungi, mosses, liverworts and vascular plants.
All wild plants in England and Wales are offered some protection under the law. It is unlawful to uproot (that is dig up or otherwise remove the plant from the land on which it is growing whether it has roots or not) any wild plant without permission from the landowner or occupier. On legally protected sites such as Sites of Special Scientific Interest, there may be a blanket ban on picking any vegetation.
Under the Theft Act 1968, it is an offence to uproot planted or cultivated plants for commercial purposes without permission of the landowner or occupier (eg a homeowner, trader, or a council). In other words. flowers growing in council parks for example are legally ‘owned’ and may not be picked.
Laws covering flower picking in England fall under legislation which is part of the Wildlife and Countryside Act 1981 and the Theft Act 1968.
The main difference between the two lie in distinctions made between picking wild flowers and picking flowers which have been purposely planted or cultivated.
According to the Wildlife and Countryside Act of 1981 it is illegal to:
- Uproot any wild plant without permission from the landowner or occupier. It is illegal therefore to “dig up” a wild plant that doesn’t belong to you. However picking any part of a plant is legal so long as the entire plant is NOT uprooted.
- Pick flowers from a special conservation site or reserve. This includes National Nature Reserves, Sites of Special Scientific Interest and National Trust properties.
- Pick any flower that is on Schedule 8 of the Act. These plants are protected. The full list can be found here, and includes flowers such as wild gladiolus, some kinds of orchids, fen violets and sea knotgrass.
- It is also unlawful to sell, offer or expose for sale, is in possession of or transports for the purpose of selling, publishes, causes to be published any advertisement likely to be understood that a person buy or sells or intends to buy or sell any live or dead wild plant or anything derived from such a plant included in Schedule 8.
- However there are some plants listed in the Schedule where the offence is only to sell, advertise, publish etc. any live or dead wild plant or anything derived from such a plant.
- Bluebell, Hyacinthoides non-scripta
- Creeping Marshwort Apium repens
- Early Gentian Gentianella anglica
- Fen Orchid Liparis loeselii
- Floating Water-plantain Luronium natans
- Killarney Fern Trichomanes speciosum
- Lady’s-slipper Cypripedium calceolus
- Marsh Saxifrage Saxifraga hirculus
- Shore Dock Rumex rupestris
- Slender Naiad Najas flexilis
(Exemption: A person will not be guilty of such a crime if it has been carried out under a licence obtained from the relevant authority, the damage is a result of a lawful activity and could not reasonably have been avoided. That the unlawful act was incidental of a lawful operation or other activity, and whilst carrying out that lawful incident or activity that person took reasonable precautions to avoid uprooting, destroying etc. the plant, or he did not or could not have reasonably foreseen that the unlawful act would have occurred during the lawful operation or activity.)
According to the Theft Act 1968 it is illegal to:
- Pick cultivated flowers in public parks or gardens as well as plants and flowers growing on land which is maintained by the council (for example roundabouts and grass verges). A well-known case in 2011 involved two children picking daffodils in a park whose parents were advised they could be charged with causing ‘criminal damage’.
- However the Act also says under ‘Property’ (4.3) that “A person who picks mushrooms growing wild on any land, or who picks flowers, fruit or foliage from a plant growing wild on any land, does not (although not in possession of the land) steal what he picks, unless he does it for reward or for sale or other commercial purpose.”
Schedule 8 of the Wildlife and Countryside Act 1981, which is revised every five years provides a list of endangered plants. Under the 1981 Act It is unlawful to intentional pick, uproot or destroy the wild plant or any seed or spore attached to the wild plant. In any proceedings the plant will be deemed to be wild unless the contrary is shown.
- The full list is too long to be shown here so please visit legislation.gov.uk/ukpga/1981/69/schedule/8 (Last updated 09 Dec 23)
CITES (the Convention on International Trade in Endangered Species of Wild Fauna and Flora) is an international agreement between governments. It is refers only to international trade so not to damage or theft.
The only UK species to which CITES applies are Snowdrop Galanthus nivalis, if this is native, and all of the wild orchids. Wild snowdrops are fully protected under law, which means that they must never be picked or lifted from their wild or existing habitat.
Common Ragwort (Jacobaea vulgaris) is a biennial member of the daisy family. The Weeds Act 1959 and Ragwort Control Act 2003 seek to control the spread of Common Ragwort and prevent the spread to neighbouring land. It is not an offence to have Common Ragwort growing on land you own but it must not be allowed to spread to agricultural land, particularly grazing areas or land which is used to produce conserved forage.
Other ragwort species are present in grassland and are not considered problem plants in the legislation. These include Marsh Ragwort (J. aquatica), Hoary Ragwort (J. erucifolia) and Oxford Ragwort (Senecio squalidus).
The plant charity Plantlife points out that “Common ragwort is known to support over 129 other species of invertebrates and has enormous value for wildlife. It acts as a nectar source for pollinators as well as some larvae of flies and beetles which feed on the inside of the flower head. The caterpillars of the cinnabar moth eat common ragwort acting as a natural biological control agent. In addition, 14 species of fungi use ragwort as their host.”
Japanese Knotweed (Fallopia japonica) is native to Japan, Taiwan and northern China, and was introduced to the UK in the early 19th century as an ornamental plant. Now one of the most pernicious plants in the UK, Japanese Knotweed is legally classed as a controlled plant under the Wildlife and Countryside Act 1981 section 114 (2) (WCA 1981).
While it is an offence to plant or cause this species to grow in the wild, it is not against the law however to have Japanese Knotweed on a property but a landowner or leaseholder could be prosecuted or given a community protection notice for causing a nuisance if they allow Japanese Knotweed to spread onto someone else’s property. Responsibility for controlling Japanese Knotweed nearly always lies with the landowner unless the leaseholder is responsible for land management.
Waste material from these plants is classed as ‘controlled waste’ under the Environmental Protection Act 1990 and must be disposed of at a suitably licensed or permitted waste site.
No Mow May is an environmental initiative from the plant charity Plantlife that encourages individuals and communities to refrain from mowing their lawns during the month of May, providing wildflowers and pollinators a chance to thrive.
While this grassroots campaign has gained momentum and positive outcomes, town councils, responsible for the management and upkeep of public spaces often find it challenging to participate actively.
- 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.
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.
To access all Protectors information please go to Protectors of 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 stopped and searched or even 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 forty-one simple, mobile-friendly pages and over 500 FAQs just like this one.
‘Protectors of the Wild‘ is a free resource with two aims: to help us all become ‘eyes in the field’ by learning how to recognise, record, and report wildlife crime and wildlife persecution; and to provide a ‘quick guide’ to anyone interacting with hunts, hunt supporters, or the police.
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 know our rights the better we can protect ourselves.
And the more we can all do to help protect the wild.
The National Wildlife Crime Unit currently has seven priority offences for wildlife crime.
Badger persecution
It is illegal to interfere with or block a badger’s home or ‘sett’. Badger baiting is a centuries-old now illegal blood sport, where small dogs such as terriers or lurchers seek badgers out of their setts before fighting and killing them.
Bat persecution
Bats and their homes are legally protected, so disturbing or removing them is an offence. If bats roost in your roof, you need to obtain a special ‘bat mitigation licence’ from Natural England to be allowed to disturb them. They are hugely important to our ecosystem.
Trade of endangered species
The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) sets out which endangered animals and plants have protected status. It is illegal to remove any of them from their natural habitat, possess, or sell them. Currently, the top priorities are European eels, birds of prey, ivory, medicinal and health products, reptiles, rhino horns, and timber.
Freshwater pearl mussel offences
These Endangered mussels (Margaritifera margaritifera) are only found in rivers in Scotland and small parts of England. They can live for more than 130 years but are extremely sensitive to water pollution and have been illegally farmed for years. It is illegal to damage or destroy their habitat or to take, injure or kill them.
Poaching
Fox, deer, and hare hunting are all illegal under the Hunting Act 2004. Poaching offences also cover illegal fishing – when anglers do not obtain a licence or remove protected fish from lakes and rivers without returning them.
Raptor persecution
Birds of prey are often targeted on shooting estates. Their eggs are also traded illegally. It is an offence to target, poison, or kill them, with a particular focus on Golden Sagles, Goshawks, Hen Harriers, Peregrines, Red Kites, and White-tailed Eagles. Disturbing or taking their eggs or chicks is also illegal.
Cyber-enabled wildlife crime
Social media is often used to promote wildlife crime and recruit people to take part in it. Endangered plants and animals are also traded illegally online.
- 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 (and wildlife crime involving firearms are also not recorded as firearms offences by the Police). 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 (and constantlyy updated), 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 detailed information but not professional advice. 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 legal obligation to update such material. While we update and revise as often as we can, 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.
