Chris Packham’s sniffing of goshawk chicks on BBC’s The One Show is not a crime because the act was ‘purely instinctive’, police have concluded.
The Springwatch star, 62, sparked a criminal probe amid claims the presenter’s actions were a ‘disturbance’ to the protected species.
The environmental campaigner had wrote on social media that he was set to appear on the show and would ‘get up close and very personal with some New Forest goshawks’.
Hampshire Police launched an investigation amid claims Mr Packham breached the Wildlife and Countryside Act 1981 when he was televised promoting the return of goshawks to the Hampshire national park.
Mr Packham told The Telegraph he merely sniffed the birds to detect their ‘characteristic scent or perfume’ – while they were also ringed and sexed in line with a licence provided by the British Trust for Ornithology.
Chris Packham’s sniffing of goshawk chicks on BBC ‘s The One Show in June is not a crime because the act was ‘purely instinctive’, police have concluded
The Springwatch star sparked a criminal probe amid claims his actions were a ‘disturbance’ to the protected species
Under the licence the species can be taken from their nests for scientific and conservation purposes, such as ringing and recording biometrics.
Ringers are also allowed to enable photos of the birds as long as it does not cause them any disturbance or harm.
Hampshire Police wrote to the man who made the complaint to confirm no charges will be brought and the case is now closed.
The email said officers concluded the birds remained unharmed during the television clip.
The investigating officer 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.’
At the time, Mr Packham denied having done anything wrong or illegal, adding that the people concerned should ‘worry less about a naturalist having an occasional sniff’ and instead focus on illegal poaching of the protected species.
Goshawks are protected under the Wildlife and Countryside Act 1981, which enshrines the safety of all birds, their nest and eggs in law.
As well as making the deliberate killing, injuring or capturing of any wild bird a crime, it also makes it illegal to ‘intentionally or recklessly disturb any wild bird listed on Schedule 1 while it is nest building, or at a nest containing eggs or young, or disturb the dependent young of such a bird’.
The footage was filmed in the New Forest over the course of a morning for the BBC’s The One Show, but one expert on birds of prey has said there’s ‘absolutely no excuse’ for it to take so long.
Jemima Parry-Jones told the Telegraph the filming should be done as quickly as possible and in a way to minimise harm, adding: ‘When the face of a human, effectively their only natural predator, appears over the edge of a nest it will cause them huge distress.’
has contacted Hampshire Police for comment.