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Q19: Is it illegal to cut down a tree/hedge whilst there are birds nesting in it?


Answer

It is an offence to cut down a hedge or tree intentionally or recklessly whilst there are birds nesting in it.

Reckless is a term often used in legal definitions. In this context it means that if you cut the tree down knowing there was a chance that birds were nesting there and you didn't check, then you would have been reckless and therefore guilty of the offence.

The penalties are imprisonment and/or a fine. If there is more than one bird, nest or egg then each case will be treated as separate criminal offences.

Related questions


Answer

The definition of a hate crime is:

Any criminal offence which is perceived by the victim or any other person, to be motivated by hostility or prejudice, based on a person's disability or perceived disability; race or perceived race; or religion or perceived religion; or sexual orientation or perceived sexual orientation or transgender identity or perceived transgender identity (Crown Prosecution Service).

The definition of a hate incident is:

Any non-crime incident which is perceived by the victim or any other person, to be motivated by a hostility or prejudice based on a person's race or perceived race/religion or perceived religion / sexual orientation or perceived sexual orientation/disability or perceived disability/transgender or perceived to be transgender (College of Policing).

To list, hate crimes and hate incidents are based or motivated by:

  • race or ethnicity
  • religion or belief
  • sexual orientation
  • disability
  • transgender identity

For example, a person is beaten up and whilst being attacked the offender makes offensive comments about that person's believed race or ethnicity / sexual orientation/religion or belief/disability, or transgender identity.

A hate crime also takes place when the crime is motivated by the offender's incorrect beliefs. For example, a person is beaten up and comments are incorrectly made about that person's assumed race or ethnicity / sexual orientation/religion or belief/disability, or transgender identity.

Other personal characteristics may be the reasoning behind certain incidents such as age and particular subcultures (e.g. Goths, Emos ), however, these are not considered hate crimes in law. Offences of this nature may still be prosecuted but not specifically as hate crimes. Specific legislation allows the courts to impose tougher sentences on offenders that carry out hate crimes.

Police take reports of these incidents very seriously and if you feel you have been the victim of a hate crime you should report the matter to your local police force. Reports can also be made online via True Vision who in turn report it to the police on your behalf, should you not wish to report it directly.

For further information please see the links in related information.

Contact your local police force

Enter your town or postcode to see information from your local force

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Question

Q19: Is it illegal to cut down a tree/hedge whilst there are birds nesting in it?


Answer

It is an offence to cut down a hedge or tree intentionally or recklessly whilst there are birds nesting in it.

Reckless is a term often used in legal definitions. In this context it means that if you cut the tree down knowing there was a chance that birds were nesting there and you didn't check, then you would have been reckless and therefore guilty of the offence.

The penalties are imprisonment and/or a fine. If there is more than one bird, nest or egg then each case will be treated as separate criminal offences.


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