The CPS/Court has erred in law by failure to correct their own mistake, hence why costs have been awarded to Mr Gill. According to Natural England:
http://www.naturalengland.org.uk/Images/Wilson-Heydon-2010-BOU_tcm6-31673.pdf
"The terms ‘ordinarily resident’ and ‘regular visitor’ are more problematic. The prohibition on release of species
that are not ‘ordinarily resident’ or a ‘regular visitor’ provides the first line of defence in section 14. Once a species passes this threshold it must be added to Schedule 9"
There is much confusion here even with DEFRA and the Act itself, it is vague and open to conjecture.
"Control of release of non-native species
Section 14 of the Wildlife & Countryside Act makes it an offence for anyone to release, or allow to escape into
the wild, any animal which ‘is of a kind which is not ordinarily resident in and is not a regular visitor to Great Britain in a wild
state’, or which is included in Part I of Schedule 9 of the Act, or to plant or cause to grow in the wild certain
invasive plants listed in Part II of the Schedule. Note, there is no prohibition on planting, or causing to grow,
non-native plants that are not ordinarily resident in a wild state, other than those listed in the Schedule. Schedule
9 lists non-native species that are already present here but whose further spread or release is considered
undesirable (a small number of native species are also listed to prevent inappropriate releases). However, because
the Act does not define terms such as ‘ordinarily resident’ or ‘in the wild’ there are some difficulties in
determining which circumstances or species, other than those listed in the Schedule, would be ‘caught’ by section
14. To try to address this, Defra has recently published guidance on interpretation of some of these terms (Defra
2009). In the absence of case-law, we have to rely on this guidance and taking a sensible approach that is
consistent with, and will achieve the objectives of, the legislation."
Also from document (Natural England):
http://www.naturalengland.org.uk/Images/cl-consultation-document_tcm6-37389.pdf
"Sacred ibis. The Invasive Non-Native Species bird control group has requested that this species is added to the
conservation General Licence WML-GL06 to allow timely action if control of this invasive species is required in
England. The GB Non-Native Species Secretariat (NNSS) risk assessment for this species concludes that a
breeding population of this species is likely to establish in Britain and, should this be the case, the increase and
spread of the population is predicted to be rapid (as has been seen in France). Establishment of this species would
pose a predation threat to native species. The full risk assessment for ‘Threskiornis aethiopicus (Sacred ibis)’ can
be downloaded from the NNSS website."
Even the House of Commons has said the following (taken from:
House of Commons - Invasive non-native species: Government response to the Committee's Fourteenth Report of Session 2013-14 - Environmental Audit Committee)
"LEGISLATION
Given the lack of prosecutions under Schedule 9 it seems doubtful that on its own it can provide a mechanism to "impose dissuasive, effective and proportionate sanctions for infringements" as required by the proposed EU regulation. Due to a lack of transparency and clear guidance, it appears to have done little to raise awareness of the environmental impacts of releasing non-native species. (Paragraph 60)
The Government should take the opportunity of the Law Commission Review of Wildlife Legislation (paragraph 62) and the introduction of the proposed EU regulation to revamp the Schedule 9 process, including providing a transparent listing mechanism overseen by the Non-native Species Secretariat. There should be clearly stated and agreed criteria for listing, similar to those for the UK Plant Health Register, and that list should be publicly available and continuously updated on the basis of risk assessment. (Paragraph 61)"