Investigating and Prosecuting Wildlife Crime

Having determined that a ‘criminal’ response is appropriate for investigators and prosecutors, the enforcement techniques described earlier should be considered and the relevant ones adopted. In most respects, investigation methods will match those deployed for any ‘mainstream’ crime. The use of controlled deliveries may be particularly appropriate in an EU setting, since its wildlife legislation allows for import controls to occur in one Member State, even though the final destination may be in another.

It is highly likely that expert wildlife-related guidance or advice may be needed at some point during an investigation or prosecution and this can be obtained from specialised agencies such as DG Environment within the European Commission, national CITES Management or Scientific Authorities and perhaps international organizations like the CITES Secretariat.

Perhaps the most important decision to be made, from the outset, will be which legislation is most appropriate and relevant. National and EU wildlife-related legislation, although clearly relevant, may not offer sufficiently-expansive investigatory powers and authority or adequate penalties. Consequently, both the general circumstances of the case and the manner in which the crime(s) have been conducted deserve to be carefully examined. This review may uncover elements in which criminal statutes or Common Law can be brought to bear. For example, some of the following regularly feature in wildlife crime and trafficking incidents: