The free library193 of 195 Animals & environment

Killing, injuring or taking badgers, and interfering with setts

s.1Protection of Badgers Act 1992

Wilfully killing, injuring or taking a badger (or attempting to), possessing a dead badger, or interfering with a badger sett.

Killing, injuring or taking badgers, and interfering with setts · Protection of Badgers Act 1992, s.1Card 193 / 195

Points to prove

s.1(1)Wilfully killed, injured or took, or attempted to kill, injure or take, a badger
s.1(3)Or had in their possession or control a dead badger, or any part of or anything derived from one
s.3Or interfered with a badger sett by damaging or destroying it, obstructing access to or any entrance of it, causing a dog to enter it, or disturbing a badger while it occupied it
s.3Intending to do so or reckless as to whether their actions would have that consequence
Except as permitted by or under the Act (such as under a licence)

Key definitions

Badger – s.14: any animal of the species Meles meles.
Badger sett – s.14: any structure or place which displays signs indicating current use by a badger.
Attempt presumption – s.1(2): where evidence could reasonably support the conclusion that the defendant was attempting to kill, injure or take a badger, it is presumed they were unless they show otherwise.

Defences

General exceptions – s.6: taking a badger disabled otherwise than by the person’s own act, solely to tend it; killing a badger that appears so seriously injured, or in such a condition, that killing it would be an act of mercy; unavoidable killing or injury as an incidental result of a lawful action; anything authorised under the Animals (Scientific Procedures) Act 1986.
Preventing serious damage – ss.7 and 8: action necessary to prevent serious damage to land, crops, poultry or other property. Not available if the need was foreseen and a licence was not applied for as soon as reasonably practicable, or had been decided.
Lawful operations – s.8(3): damaging a sett, obstructing an entrance or disturbing a badger as an incidental, unavoidable result of a lawful operation.
Dead badger – s.1(4): the badger was not killed, or not killed unlawfully, or it was bought without reason to believe it had been killed unlawfully.
Licences – s.10, for example for development or disease control.

Good to know

Time limit (s.12ZA): 6 months from when the prosecutor has sufficient evidence, and no more than 2 years from the offence.
Constables may stop and search a person, vehicle or article without warrant, and seize evidence, on reasonable suspicion of an offence (s.11).
Cruelty and digging for badgers are separate offences under s.2. The court must order forfeiture of any badger or skin (s.12(4)).

Legislation: Protection of Badgers Act 1992, s.1 (opens legislation.gov.uk in a new tab)
Mode of trial: Summary only
Maximum penalty: 6 months' imprisonment and/or a fine (fine assessed per badger)
Last checked: 2 November 2026, against the current law on legislation.gov.uk

Killing, injuring or taking badgers, and interfering with setts: questions people ask

What are the points to prove for killing, injuring or taking badgers, and interfering with setts?

1. Wilfully killed, injured or took, or attempted to kill, injure or take, a badger 2. Or had in their possession or control a dead badger, or any part of or anything derived from one 3. Or interfered with a badger sett by damaging or destroying it, obstructing access to or any entrance of it, causing a dog to enter it, or disturbing a badger while it occupied it 4. Intending to do so or reckless as to whether their actions would have that consequence 5. Except as permitted by or under the Act (such as under a licence)

What is the maximum sentence for killing, injuring or taking badgers, and interfering with setts?

6 months' imprisonment and/or a fine (fine assessed per badger)

Is killing, injuring or taking badgers, and interfering with setts a summary, either-way or indictable offence?

Killing, injuring or taking badgers, and interfering with setts is a summary-only offence: it is tried in the magistrates’ court.

What Act and section is killing, injuring or taking badgers, and interfering with setts?

Killing, injuring or taking badgers, and interfering with setts is an offence under the Protection of Badgers Act 1992, s.1.

More animal and environmental offences

All animal and environmental offences