Father and son involved in illegal sale of peregrine falcons are banned from keeping birds of prey
Last updated 12th Feb 2024
A father and son involved in the illegal sale of peregrine falcons in the Borders have avoided a prison sentence.
Jedburgh Sheriff Court previously heard police investigating reports of eggs missing from wild nesting sites found seven chicks when they searched Timothy Hall's home in Berwickshire in May 2021.
The 48-year-old - described as a part-time game-keeper - and his son, Lewis, who's 23, previously admitted being involved in the illegal trade of the protected species.
But, despite evidence of sales totalling more than £40,000, the court today (Monday) heard they only gained £2,182 from their unlawful activities.
Timothy Hall has been ordered to carry out 220 hours of unpaid work as a direct alternative to custody, while Lewis Hall was given 150 hours to complete.
Both have been banned from keeping any birds of prey for the next five years.
The court heard Lewis Hall had kept a kestrel since he was 12.
The case - which is the subject of separate Proceeds of Crime legislation - has also been referred to the Inland Revenue to investigate any undeclared income.
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While it is legal to sell captive-bred peregrines, possessing or selling wild birds is not.
Jedburgh Sheriff Court previously heard officers were initially told the wild chicks found at the family home were from two adult birds kept in an outside aviary, but that DNA evidence proved that not to be the case.
The court heard they sold the peregrine falcons - which are highly-sought after in the Middle East, where they are used for racing - for sums of up to £25,700.
Procurator fiscal Iain Batho said: “On the 11th of May 2020, Lewis Hall registered three separate clutches of eggs - consisting of 14 chicks - to the Animal Health and Plant Agency. He gave the hatch date and details of who their shared parents were.”
But he then declared that each of the three clutches - allegedly laid by the same female falcon - had hatched 22 days apart which is biologically impossible.
Mr Batho said that Hall was able to obtain the official certificates meaning he “was able to sell to legitimate buyers”.
An examination of their records showed that Hall had registered several chicks using parent birds that were either already dead or belonging to a third party.
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Timothy Hall also admitted possession of seven wild birds - contrary to the Wildlife and Countryside Act - and failing to properly secure a rifle in his possession, which was found lying on a bedroom floor loaded.
In addition, he pled guilty to keeping nine birds in enclosures that were too small and with inadequate perches.
The court heard the aviaries were littered with soiled bedding and that none of the birds had access to fresh water for drinking and bathing - which was blamed for their poor feather condition.
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Detective Superintendent Bryan Burns, from Police Scotland, said: “The sale of peregrine falcons has become an extremely lucrative business which Timothy and Lewis Hall exploited for their own financial gain.
“If their illegal activities had continued unchallenged, this would have had a massive impact on the population of young birds, and had the potential to wipe out the entire population of peregrine falcons in the south of Scotland."
Chief Inspector Kevin Kelly, head of the UK National Wildlife Crime Unit, added: “This is part of the largest wildlife crime investigation in UK history, showing the illegal wildlife trade is a thriving business for criminals. The NWCU is committed to tackling this.”
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