The Boddam Wildlife Sanctuary welcomes genuine nature lovers who are willing to respect the rules of the Sanctuary, but macho bully bird-brained twitchers are not welcome here. See the Legal Section.
We have decide to take down the Name and Shame content on this page.
It has done its job and no longer reflects the stance we wish to take.
Those wishing to continue breaking the rules of the Sanctuary should take note of the case which concluded on 3 June 2026:
Prosecution abandoned following procedural challenge.
Case: HMA v Sandra Irvine
Court: Lerwick Sheriff Court
Date: 3 June 2026
Outcome: Deserted pro loco et tempore
On 3 June 2026, in a case instigated by two long-standing opponents of The Boddam Wildlife Sanctuary, who had produced video evidence, but were apparently unwilling to come to court to stand by their allegations, the Procurator Fiscal moved to desert proceedings against Sandra Irvine pro loco et tempore. The motion was granted.
Following the hearing, the Procurator Fiscal confirmed in writing:
"I have decided to take no further action in this case."
Why this case was interesting
Our interest was not in the factual allegation giving rise to the complaint, but in the procedural and evidential issues which arose during the proceedings.
In particular, the case provided an opportunity to examine:
• the operation of Section 258 of the Criminal Procedure (Scotland) Act 1995;
• the treatment of unchallenged Statements of Uncontroversial Evidence;
• the unwillingness of public authorities to produce evidence supporting assertions of authority;
• the distinction between institutional presumption and evidential proof; and
• the response of legal institutions when foundational questions are raised through recognised procedural mechanisms.
Section 258
During the proceedings, Statements of Uncontroversial Evidence were served under Section 258 of the Criminal Procedure (Scotland) Act 1995.
If unchallenged, those statements are deemed to be conclusively proved.
The statements recorded, amongst other matters, previous reliance by the Crown upon the Brian Smith magazine article in previous proceedings and the responses of a number of public bodies to requests for information concerning title and authority in Shetland.
We now have a formal evidential mechanism through which future matters may be placed before the court.
The Minute
Prior to the Intermediate Diet, a Minute was lodged seeking clarification of the evidential basis relied upon by the Crown and requesting clarification of matters arising from the Section 258 process.
The telling point is that proceedings were concluded before any substantive determination of those questions was obtained.
Conclusion
• The action of the Procurator Fiscal prevented any judicial determination of the wider questions raised.
• The court was not embarrassed by having to make a determination on those difficult questions.
• The proceedings have presently come to an end, the Procurator Fiscal has decided to take no further action, and the evidential and procedural record remains.
• We will continue to focus upon evidence, documentation, procedure and recorded institutional responses rather than assertion or speculation.
• Anyone wishing to challenge our rules must be prepared to provide evidence strong enough to stand up in court, including proof that Shetland is part of Scotland, before any case can commence.
In particular, Please Note:
• The roads through the Sanctuary are single-track roads with passing places.
• Passing places are provided for traffic management and are not parking areas.
• The Sanctuary provides no public parking facilities.
• Vehicles must not be parked on adjacent grassland or other Sanctuary land.
• Vehicles must not stop so as to obstruct passage along the road.
• Access beyond the road is by permission of Boddam Wildlife Sanctuary.
BODDAM WILDLIFE SANCTUARY is PRIVATE PROPERTY
The land and foreshore adjacent to the road form part of Boddam Wildlife Sanctuary and are not provided as public access areas.
Entry onto Sanctuary land is subject to an admission fee of £1,000 per person per hour or part thereof and £5,000 per vehicle per hour or part thereof. Payment by cash only.
Those perceived by us as part of a group, whether in one vehicle or not, will be deemed to be under the supervision of one person, who will be responsible for payment for each member of the group and any vehicles.
By entering onto Sanctuary land, whether on foot or by vehicle, you agree to pay the applicable admission fee and to comply with Sanctuary conditions.
Persons who do not wish to enter on these terms should remain on the road and refrain from entering Sanctuary land.
Entry constitutes acceptance of these conditions. There are no exceptions.
These rules are for the protection of the wildlife in the Sanctuary and have become necessary because of the actions of those whose motives and actions do not align with the interests of the wildlife they disturb.