Treatment of agricultural crimes under review

FOLLOWING RECENT discussions in the Scottish Parliament, one of the country’s top law officers has announced a full review of the way agricultural crimes are prosecuted in Scotland.

Solicitor General Lesley Thomson QC has made the move in response to concerns expressed by those directly impacted by the recent agricultural crime wave across the country but also said she was concerned about the effect on the wider rural community.

Ms Thomson has also asked procurators to consider using proceeds of crime legislation to claw back some of the ill-gotten gains from rural crime.

The theft of a single tractor can easily account for a six-figure sum and similarly large- scale livestock rustling can have a very significant impact on businesses.

Last week the Scottish Parliament heard first hand accounts of incidents, some of which had included intimidation as a means of preventing crimes being reported.

Now Ms Thomson has invited the NFU Scotland to meet with her to discuss what further action can be taken.

Ms Thomson said: “The Crown Off ice and the Procurator Fiscal Service treat agricultural crime extremely seriously.

“We are aware of

the severe impact that crimes which result in damage or the death of livestock can have on the farming community and the ramifications for industry when the theft of vehicles, equipment and machinery is committed.

“It was clear from the recent Justice Committee round table event on agricultural crime that it would be helpful for prosecutors to have more information on the full impact of the crime on victims and local businesses and not just the value stolen.

“I have therefore instructed a review of prosecution policy in this area to focus on this area of criminality.

“The review will ensure that full consideration is given to the impact of these crimes and where appropriate this information is passed to the court for consideration in the event of a conviction. “

“It is important that prosecution policy is aligned to the concerns of the public. We want to ensure that we have a comprehensive understanding of this area and that our policies take into account the context in which these crimes take place and the effect they can have.”

She added: “I have also instructed specialist prosecutors within the Crown’s Serious Organised Crime division to examine agricultural crimes with a view to taking action against them under Proceeds of Crime legislation.

“Seizing criminal assets in this way not only causes financial pain to those who commit such crimes, it also disrupts their ability to continue to run their criminal enterprise.”

Gemma Thomson, legal and technical policy manager for NFUS, said: “We are extremely encouraged by the positive response from the Solicitor General, in particular as it has come at a time when figures suggest that this type of crime is on the increase.

“NFU Scotland greatly supports a policy review, as this will ensure that it is fit for purpose and able to reflect modern circumstances.”

Solicitor General Lesley Thomson QC.