The naturalist Chris Packham did not commit a criminal offence when he sniffed goshawk chicks on television because he was behaving in a “purely instinctive” way, police have concluded.
The BBC Springwatch and Earth presenter was reported to police after he appeared on The One Show inspecting three of the birds of prey in the New Forest this summer.
It was feared that the “sniffing incident” amounted to a “disturbance” of the wild chicks, which are a protected species, because they were out of their nests.
At the time, the environmental campaigner wrote on social media that he was appearing on the show and would “get up close and very personal with some New Forest goshawks”.
Officers from Hampshire Police launched an investigation amid claims the presenter, 62, had breached the Wildlife and Countryside Act 1981 when he was filmed celebrating the return of goshawks to the Hampshire national park.
Mr Packham later told The Telegraph no harm had come to the birds and he was simply smelling them to detect their “characteristic scent or perfume” while they were weighed, sexed and ringed in line with a licence issued by the British Trust for Ornithology.
Under the licence goshawks may be removed from their nests for scientific and conservation purposes, including ringing and recording various biometrics. Ringers are also permitted to photograph the birds as long as it does not disturb or harm them.
Hampshire Police has written to the man who complained – an amateur shooting enthusiast who does not want to be named – to say that no charges will be brought and the case has now been closed.
The email said officers concluded the birds did not suffer any harm during the four-minute and 30-second television clip seen by millions of viewers.
The investigating officer, part of the force’s specialist rural crime unit, said: “The bird in question has not appeared to have been caused any harm and nothing was done with intent to harm any birds or act recklessly.”
He added that Mr Packham’s decision to sniff the birds “were purely instinctive”, adding that “we have received no other complaints about this matter and this will not be in the public interest to take it any further”.
‘Prosecution threshold not met’
The officer, who said he saw the programme when it was broadcast in June, added that the “evidential threshold test for any prosecution” had not been met.
Mr Packham on Friday welcomed the police decision and accused the fieldsports lobby of targeting him and wasting police time.
“The anonymous idiot who made this ludicrous and vindictive complaint should be sorry that even a nanosecond of police time was wasted,” he told The Telegraph.
“Once again the fieldsports community has blasted themselves in the foot trying to put my nose out of joint.”
A Hampshire Police spokesman said: “The footage has been viewed and no criminal offence was identified. The investigation has been filed.
“Any issues relating to an alleged breach of licence would be dealt with by the organisation who issued that licence, not the police.”
The BBC has always insisted that protocols were followed during the filming at all times.
After it emerged that Mr Packham had been reported to police over the “sniffing incident” experts warned amateur ornithologists not to sniff wild birds amid fears it could spread avian flu.
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