Shooting (From The Northern Echo)
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Shooting
2:44pm Thursday 16th February 2012 in Letters
REGARDING the shooting of a dog in Binchester Woods, near Middleston Moor (Echo, Jan 31).
As a resident of Binchester, I had an active part in registering the public footpath through Bellburn Wood many years ago.
At the time I was informed by the county council that Bellburn Wood was owned by the Church Commissioners and leased to a local farmer.
I was also informed by the footpaths officer at County Hall that it was an offence to fire any gun near a public footpath.
While I appreciate that all farmers are within their rights to shoot a dog which is putting their livestock in danger, I would like to know who was responsible for shooting this Lurcher and just exactly where it was shot.
Gillian Humble, Binchester.
Pete Sakes says...
1:57pm Mon 20 Feb 12
SHOOTING NEAR HIGHWAYS (E.G. ROADS & CARRIAGEWAYS)
In England & Wales it is an offence without lawful authority or reasonable excuse to
discharge any firearm within fifty feet of the centre of a highway which consists of
or comprises a carriageway, and in consequence a user of the carriageway is
injured, interrupted or endangered. . It is important to remember that the discharge of a firearm is not
prohibited in itself. It must also be proved that there was an injury, or that
someone’s passage was interrupted or interfered with e.g. they have been forced to
make a detour. For the purposes of Section 161 (2) of the Highways Act 1980 (as amended), a
‘highway’ is restricted to a public right of way for the passage of vehicles and does
not include footpaths, cycle tracks or bridleways. Therefore the fifty feet rule
described above does not apply to rights of ways that cross private lands e.g.
footpaths.