Stricter controls to kill birds

The RSPCA wanted to clarify the law

The RSPCA has welcomed a High Court victory which means the killing of wild birds will be more strictly controlled.

An appeal judge ruled that people "licenced to kill" birds which are considered "pests" must prove the birds are a public nuisance.

Mr Justice Silber allowed an RSPCA appeal against the acquittal of Craig Cundey, 37, of Alconbury, Cambridgeshire of attempting to kill starlings in breach of the Wildlife and Countryside Act (1981).

Hamish Rogers, from the RSPCA, said after the ruling: "This means that people with licences who shoot birds in their back garden or their land can only do so for authorised purposes.

Prevent disease

"They are not allowed to encourage birds into their gardens and take pot shots at them without good reason.

"Those who have legitimate reasons for controlling birds under certain circumstances don't have to worry about the judgement.

"It will be relatively easy for farmers and landowners to demonstrate that birds, like pigeons for instance, are being a nuisance."

Mr Cundey was prosecuted after allegations that he encouraged birds into his garden by hanging up a bird feeder.

He was cleared of the charges after he showed he had two government-issued licences which allowed him to shoot the birds.

The RSPCA said that Mr Cundey could only shoot the starlings to preserve public health or prevent the spread of disease.

Magistrates in Huntingdon acquitted Mr Cundey in February but were overruled by Mr Silber on Monday.

Despite the ruling Mr Cundey will not face a formal conviction.

Mr Silber said the RSPCA had come to court to clarify the law and was not asking for the case to be sent back to the magistrates.