Shotgun owner wins back certificate but gets stung for legal bills

Part-time farmer Kenneth Prentice has successfully overturned Police Scotland’s decision to revoke his shotgun certificate, ending a two-year legal battle.

Prentice, who had held a licence since 1989, saw it revoked in March 2022 after a workplace complaint. A sheriff ruled the police acted wrongly, ordering that his certificate be reinstated.

Workplace dispute sparked revocation

The case began when someone reported Prentice during a workplace dispute, alleging he posed a danger to staff. Police accepted the complaint “in good faith” but revoked his certificate without a full investigation.

Prentice challenged the decision in court, arguing police had acted with “malice.” The sheriff disagreed, describing the issue as administrative failings rather than deliberate misconduct.

Legal costs appeal rejected

Although Prentice regained his shotgun certificate, his bid to recover legal expenses failed. The Sheriff Appeal Court refused his claim, despite recognising his “deep-rooted sense of injustice.”

The court explained that evidence did not justify departing from the normal rule in licensing cases, where costs are rarely awarded.

What the ruling means for shotgun owners

The case highlights both the challenges of appealing shotgun licence revocations and the difficulty of recovering costs, even when applicants succeed. Legal experts note that police errors may be overturned, but expenses are usually left with the individual.

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