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Many did not want to convert to drag hunting as they wanted their dogs to retain the scenting ability for wild quarry in the hope that the Hunting Act would be repealed. Hunts claim that they are trying to replicate pre-ban hunting as closely as possible and so the scent is laid in such a way as to mimic live quarry hunting. Trail hunting did not exist before the Hunting Act 2004 and is a new activity which involves a pack of hounds following an artificially laid, but animal based scent. – That the defendant was engaging or participating in that pursuit and that the pursuit of the wild mammal was intentional.Īs a defence hunters may claim that they were engaged in ‘trail hunting’ (see section on Trail Hunting). Note that it is not necessary for the wild mammal to have been killed. In practice it will be necessary to show that a wild mammal was present to prove this, unless other compelling evidence is available such as an admission. – That a wild mammal was pursued by one or more dogs. The following elements are needed to prove an offence of illegal hunting: To prove an offence of illegal hunting it would be necessary to prove that the defendant engaged and participated in the hunting and that the hunting was intentional. The High Court Judgment also stated that hunting is an intentional activity the accidental or inadvertent hunting of a wild mammal with one or more dogs is not an offence under the Act. However, once a wild mammal has been found the searching becomes hunting. The High Court Judgment of February 2009 stated that mere searching is not hunting. The term “hunting” should not be understood in its ordinary English meaning, which includes searching for a wild mammal, as well as chasing or pursuing it with the intention of catching or killing it. This could include, for example, the whipper-in whose role is to assist the huntsman and hunt supporters who signal the presence of a wild mammal to the huntsman, as they are also engaging and participating in the pursuit. The offence of hunting a wild mammal with one or more dogs includes not only the person directing or in control of the dogs but can include others involved with the hunting who are not actually controlling or directing the dogs.
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Under the Act a reference to a person hunting a wild mammal with a dog includes, in particular, any case where a person engages or participates in the pursuit of a wild mammal and one or more dogs are employed in that pursuit (whether or not by him and whether or not under his control or direction). – A wild mammal which has escaped or been released from captivity or confinement – A wild mammal which is captivity or confinement – A wild mammal which has been bred or tamed for any purpose S.1 – A person commits an offence if he hunts a wild mammal with a dog unless his hunting is exempt This section should be used in conjunction with the Hunting Act 2004.Ĭonsequential amendments Section 1 – Hunting Wild Mammals with Dogs It also provides advice to investigators, including questions that will assist with an investigation. This section aims to explain what activities are illegal under the Hunting Act and what points need to be proved in order to substantiate claims that an offence took place. However, each type of exempt hunting has a number of conditions which must be adhered to if the hunting is to be lawful. There are several classes of permitted or exempt hunting which are listed under Schedule 1. The High Court Judgment stated that it “recognised the need to …control wild mammals which farmers and others are entitled to regard as pests”. The Hunting Act is not an absolute ban on the hunting of wild mammals with dogs and some hunting is permitted under the Act. It was stated in the High Court Judgment of February 2009 that the statutory aim of the Hunting Act “is to prevent or reduce unnecessary suffering to wild mammals” and that “causing suffering to animal for sport is unethical and should, so far as practicable and proportionate, be stopped”. The Hunting Act 2004 came into force in February 2005 which controlled the hunting of wild mammals with dogs and prohibited hare coursing.