Question to the Home Office:
To ask the Secretary of State for the Home Department, what recent assessment she has made of the potential merits of the implementation of Public Space Protection Orders in specific areas to prevent wildlife from being harmed by catapults.
The Government is clear that catapults should not be used to cause harm to wildlife, people, or property.
There are a wide range of laws in place to punish those who misuse catapults. For example, under the Prevention of Crime Act 1953, if a person carries an offensive weapon in a public place or threatens a person with an offensive weapon, they may face up to 4 years in prison. An offensive weapon is defined as any article made or adapted for use for causing injury to the person or intended by the person having it with him for such use by him or by another person. The definition may include a catapult depending on the circumstances and facts of the case.
Where a catapult is used to harm a person, under the Offences against the Person Act 1861, it could be charged as assault occasioning actual bodily harm which carries a maximum penalty of 5 years’ imprisonment, However, depending on the gravity of the attack and the seriousness of the injury caused by the catapult, the offence of wounding or causing grievous bodily harm with intent could be committed, which carries a maximum penalty of life imprisonment.
The Anti-Social Behaviour, Crime and Policing Act 2014 provides the police, local authorities, and other local agencies with a range of flexible tools and powers that they can use to respond quickly and effectively to anti-social behaviour, including where appropriate, the misuse of catapults. This includes Public Spaces Protection Orders (PSPOs) which councils can issue to stop people committing anti-social behaviour in a public space.
The Home Office has not made an assessment on the potential merits of using PSPOs to prevent catapult use against wildlife. The powers in the 2014 Act are deliberately flexible in nature, and it is for local agencies to determine whether their use is appropriate in the specific circumstances of each individual case.
We do, however, recognise that the misuse of catapults is causing great concern to some local communities and the Home Office and Defra are working to find solutions to this problem with an aim of increasing protection to our wildlife from crimes involving these weapons.