Shotgun owner wins back certificate but gets stung for legal bills

Part-time farmer Kenneth Prentice has won his fight against Police Scotland after they wrongly revoked his shotgun certificate.

Prentice, who had held his certificate since 1989, took the police to court when they revoked his shotgun licence in March 2022. A sheriff ruled in his favour, overturning the revocation and ordering that a new certificate be issued. However, when Prentice tried to claim back his legal costs, the Sheriff Appeal Court refused his appeal.

Prentice’s problems began when someone reported him during a workplace dispute, claiming he posed a danger to staff. The court heard how police took the complaint “in good faith” but failed to investigate it properly before revoking his shotgun certificate. Prentice argued the police acted with “malice”, but the sheriff disagreed, finding the case involved administrative failings rather than any deliberate wrongdoing.

Despite getting his shotgun certificate back, Prentice’s attempt to recover his legal costs failed. The Sheriff Appeal Court acknowledged his “deep-rooted sense of injustice” but found no grounds for expense claims, ruling that the evidence didn’t justify departing from normal rules where no expenses are awarded in such applications.

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