Do I Need to Erect Signs Warning Others of My Stalking Activities?
Firstly, there is no specific legal requirement on the landowner or stalker to erect signs to warn other users of the countryside of your deer stalking activities, even in areas where there are footpaths crossing private land.
Good practice however, means that common sense should prevail.
There are, however, there are legal obligations on landowners in certain circumstances under the Health & Safety legislation to conduct risk assessments to ensure no one is put at risk from activities on their land This may include deer stalking in certain circumstances. Typical risk assessments in these situations often include the provision of warning signs as a control measure. You will find major landowning bodies like the Forestry Commission do in fact use signs to warn members of the public of any activity from which there may be a risk of injury and this includes the use of firearms. Additionally there are legal obligations (a common duty of care) on landowners under the Owner’s Liability Acts that require steps to be taken to ensure persons visiting the land are not put at risk and this can even include trespassers! In some circumstances where the risk is obvious e.g. unguarded mine shaft or highseat (see BushWear highseat warning sign)then the landowner, may be liable for damages should an accident occur.
Clearly each individual case will be judged on its merits depending on the level of risk. In many deer stalking situations signing may not be necessary with the risks being minimized through other control measures. However, in areas in which Rights of Way are regularly used by the public it is good practice for appropriate signs to be used.
John Thornley OBE is an author and legal consultant in Countryside Law, Deer Management and Firearms. He is Co-author of the book ‘Deer Law & Liabilities', published by Quiller. He was also Co-author of the Book, ‘Fair Game – the Law of Countrysports and the Protection of Wildlife originally published by Pelham Books.
John is an experienced stalker as well as being a keen fisherman and game shot. He is a member of the BASC Council and a Director on the Deer Initiative Board.
