Part 1Hunting a wild mammal using a dog

Offences

I1I31Offence 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)—

    1. a

      which—

      1. i

        is living in a wild state,

      2. 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

      3. iii

        has been deliberately released from temporary or permanent human control, and

    2. b

      which is not—

      1. i

        a rat,

      2. ii

        a mouse, or

      3. 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).

I2I42Offences 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).