Part 1 Hunting a wild mammal using a dog

Offences

1 Offence of hunting a wild mammal using a dog
(1) A person commits an offence if—
(a) the person hunts a wild mammal using a dog, and
(b) none of the exceptions in sections 3, 5, 6, 7, 8 or 9 apply.
(2) A person who commits an offence under subsection (1) is liable—
(a) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding £40,000 (or both),
(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both).
(3) In this Act—
“hunting” includes, in particular, searching for and coursing (and related expressions are to be construed accordingly),
“wild mammal” means any mammal (other than a human)—
(a) which—
(i) is living in a wild state,
(ii) is of a species recognised as living in a wild state in the British Islands (as defined in schedule 1 of the Interpretation Act 1978), or
(iii) has been deliberately released from temporary or permanent human control, and
(b) which is not—
(i) a rat,
(ii) a mouse, or
(iii) living under temporary or permanent human control.
(4) In this Part, a person is “using a dog” when the hunting of a wild mammal by that person involves the use of a dog, even if the dog is not under that person’s control or direction (and related expressions are to be construed accordingly).
S. 1 not in force at Royal Assent, see s. 31(2)
S. 1 in force at 3.10.2023 by S.S.I. 2023/262, reg. 2

2 Offences of knowingly causing or permitting another person to hunt using a dog
(1) A person commits an offence if—
(a) the person—
(i) is an owner or occupier of land, and
(ii) knowingly causes or permits another person to hunt a wild mammal using a dog on that land, and
(b) none of the exceptions in sections 3, 5, 6, 7, 8 or 9 apply to the hunting.
(2) A person commits an offence if—
(a) the person—
(i) owns or is responsible for a dog, and
(ii) knowingly causes or permits another person to hunt a wild mammal using that dog, and
(b) none of the exceptions in sections 3, 5, 6, 7, 8 or 9 apply to the hunting.
(3) A person who commits an offence under subsection (1) or (2) is liable on summary conviction to imprisonment for a term not exceeding 12 months or a fine not exceeding £40,000 (or both).
(4) It is a defence for a person charged with an offence under subsection (1) or (2) to show that the person reasonably believed that any of the exceptions in sections 3, 5, 6, 7, 8 or 9 applied to the hunting.
(5) In this Part, an “owner” of land includes a person who—
(a) manages or controls that land, or
(b) is authorised to give permission for that land to be used for hunting.
(6) In this Act, a person “is responsible for” a dog where the person—
(a) is responsible for the dog on a temporary or permanent basis,
(b) is in charge of the dog, or
(c) has actual care and control of a person under the age of 16 years who is responsible for the dog under paragraph (a) or (b).
S. 2 not in force at Royal Assent, see s. 31(2)
S. 2 in force at 3.10.2023 by S.S.I. 2023/262, reg. 2