Jolyon Maugham: Lawyer who killed fox with baseball bat will not be prosecuted by RSPCA

A prominent lawyer who said he killed a fox with a baseball bat on Boxing Day last year will not be prosecuted by the RSPCA.

Jolyon Maugham claimed the animal had become caught up in protective netting around his chickens and he "wasn't sure what else to do".

In a tweet last December, he said: "Already this morning I have killed a fox with a baseball bat. How's your Boxing Day going?".

He later apologised on social media after users responded with anger, accusing him of bragging about his actions, while the RSPCA tweeted it would investigate the incident.

But on Thursday, the animal charity said that although it does not condone the killing of healthy foxes, there was no realistic prospect of conviction in the case.

In a statement, the RSPCA said: "An independent post-mortem and forensic veterinary assessment of the fox's body was carried out and findings indicate the fox was killed swiftly.

"Therefore, in this case, the prosecutions department determined that the evidential threshold needed to take a prosecution under the CPS code was not met under any legislation relating to animals or wildlife.

"It is not illegal to kill a fox, but government guidelines state that if a fox is caught in a trap or snare on a person's property, they must be 'humanely' killed."

Mr Maugham, whose Good Law Project previously brought legal challenges to Brexit, said he "welcomed" the charity's decision.

He said: "I note what the RSPCA says about killing a fox. Their advice differs from the Government's advice to householders which says one 'must' - in other words, you have no choice but to - humanely kill any fox caught on your property and that you 'shouldn't release captured foxes'.

"I know that some were genuinely upset by my actions on Boxing Day and the tone of my tweets. I am profoundly sorry for that upset.

"It was my intention to convey in a gently self-deprecating manner the incongruity of my Boxing Day morning. I got that wrong.

"As to my actions, in the situation in which I found myself - needing to act in great haste to save the chickens my family keeps - I did not have the luxury of time to reflect on the competing ethical approaches of the RSPCA and Natural England.

"Of course, I respect the different assessments others might, equally reasonably, have made."