Crime and punishment in the wildlife trade - WWF UK

Table 4. HM C&E seizures 64 of illegally imported or exported CITES-listed
wildlife at UK ports of entry, 1996-2000 65 .
Year Total
1996 442
1997 495
1998 497
1999 336
2000 441
Total 2,211
This low level of prosecution is very significant in terms of setting thresholds of tolerance
which may encourage offending. As in other areas of criminality, it may lead to a vicious circle
where crimes that are rarely prosecuted are seen as being less serious. This is clearly a fallacy:
for instance, many “white collar” cases of tax evasion, health and safety violations, fraud and
computer crime are not prosecuted, even though they are serious in terms of financial loss and
impact on the victims involved.
Similarly, the penalties available for illegal wildlife traders may not fit the seriousness of the
impact of the crime. In the case of Regina v Sissen, the accused was found guilty of smuggling
into the UK, from eastern Europe, three Lear’s macaws (a critically endangered species with
only an estimated 150 birds remaining in the wild) and his crimes posed a threat to the survival
of the species. Sissen’s 21/2-year prison sentence was reduced to 18 months on appeal and asset
confiscation proceedings are stalled pending a further appeal. It is significant that the judge in
the case stated: “The law is clear as to where the interests of conservation lie. These are serious
offences. An immediate custodial sentence is usually appropriate to mark their gravity and the
need for deterrence.” 66
Even so, some fellow aviculturalists supported Sissen 67 and his sentence reduction on appeal
was allowed because of his age (61) and previous good character.
Recent research into wildlife crime in the UK, conducted for DEFRA 68 , sought the views of
more than 100 representatives from a range of enforcement, statutory and campaigning groups.
They were asked about the penalties available under the relevant legislation, and how they were
applied in sentencing. Most respondents felt that the available penalties did not adequately
reflect the seriousness of wildlife crime and 72 per cent felt that the sentences applied by the
courts failed to use these penalties to the full. Many also stressed a mismatch between the
penalties available and those actually imposed on offenders. Typical comments included:
64
A seizure is an instance of seizing a consignment of goods (whether passenger luggage, postal packets or
commercial shipments).
65
Source: HM C&E.
66
At paragraph 51 of the judgment in R v Sissen [2000] All ER (D) 2193, 8 December 2000, Court of Appeal.
67 See, for instance: Gould N (2001): Editorial. International Zoo News, 48/6 (311). September.
68
Roberts, et al: supra.
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