Strasbourg, 2 February 2015                                                                        T-PVS/Inf (2015) 5

[Inf05e_2015.doc]

CONVENTION ON THE CONSERVATION OF EUROPEAN WILDLIFE

AND NATURAL HABITATS

Standing Committee

35^th meeting

Strasbourg, 1-4 December 2015

2^ND MEETING OF THE SPECIAL FOCAL POINTS ON ILLEGAL KILLING, TRAPPING AND TRADE OF WILD BIRDS

Madrid, Spain, 24-25 February 2015

Working Session 3: Identification and standardisation of gravity factors, and preparatory work for the elaboration of sentencing guidelines

‑ QUESTIONNAIRE FOR PARTIES PARTICIPATING IN THE MEETING ‑

Document prepared by

the Consultant, Mr Nicholas Crampton

2^ND MEETING OF THE SPECIAL FOCAL POINTS

ON ILLEGAL KILLING, TRAPPING AND TRADE OF WILD BIRDS

 

Working Session 3: Identification and standardisation of gravity factors, and preparatory work for the elaboration of sentencing guidelines.

QUESTIONNAIRE FOR PARTIES PARTICIPATING IN THE MEETING

1.       Please specify your country or jurisdiction.

2.       Please specify the legislation which gives effect to the Bern Convention.

3.       What are the maximum penalties or sanctions provided in this legislation for:

(i)      illegally killing a wild bird or other animal protected under the Bern Convention,

(ii)     using a prohibited device for taking or capturing such a wild bird or animal,

(iii)    illegally trading (‘trafficking’) in such wild birds/animals/plants.

4.       What are the maximum penalties or sanctions provided in the legislation for illegally trading (‘trafficking’) in species listed in CITES.

5.       Are these penalties or sanctions imposed under administrative measures or prosecuted through criminal courts, or are both these available.

6.       In respect of items 3(i), (ii) and (iii) above, apart from fines (monetary penalties) and imprisonment, are any of the following also available to be used as sanctions? (please delete as appropriate):

(i)      Probation or supervision for a set period of time within the community.

£ YES

£  NO

(ii)     Curfew or home detention for set hours per day for a period of time.

£ YES

£  NO

(iii)    Banning orders from being at a specified place.

£ YES

£  NO

(iv)    Orders to perform specified number of hours unpaid work ‘to repay’ something to the community.

£ YES

£  NO

(v)     Compensation or payment aimed at restoring damage resulting from the crime.

£ YES

£  NO

(vi)    Forfeiture of ‘corpus delicti’ or items used to commit the offence.

£ YES

£  NO

(vii)   Can sentences of imprisonment be suspended, eg. on conditions which if not complied with may result in the sentence being implemented later?

£ YES

£  NO

(viii)  Other (please specify):

7.       Is any form of sentencing guidance, or policy or generally agreed practice, acceptable to and used by the judiciary in the sentencing for any type of criminal/penal offences?

£ YES

£NO

*   *   *

The completed questionnaire be emailed as a ‘Word’ electronic attachment to Nicholas Crampton, [email protected], cc. Véronique de Cussac, [email protected] , no later than Wednesday 18^th February 2015.

Thank you for your cooperation.