Part 1Hunting a wild mammal using a dog
Exceptions to the offences
I1I27Exception: relieving the suffering of injured wild mammals
1
This section applies if—
a
a person is using a dog above ground to search for, stalk or flush from cover a wild mammal which the person has reasonable grounds for believing is injured, with the intention of treating, capturing or killing it for the purpose of relieving its suffering,
b
the wild mammal was not deliberately injured for the purpose of allowing the activity mentioned in paragraph (a) to take place, and
c
the conditions set out in subsection (2) are met.
2
The conditions referred to in subsection (1)(c) are that—
a
the activity mentioned in subsection (1)(a) does not involve the use of more than two dogs,
b
any dog used in the activity is under control,
c
reasonable steps are taken to ensure that any dog used in the activity does not join with others to form a pack of more than two dogs,
d
either—
i
permission for the activity has been given by the owner of the land on which the activity takes place,
ii
the person carrying out the activity is a constable exercising a power of entry,
iii
the person carrying out the activity is exercising a power of entry under section 14M or 14N of the Wildlife and Countryside Act 1981, or
iv
the person carrying out the activity is exercising a power of entry under section 15 of the Deer (Scotland) Act 1996,
e
the wild mammal which is being searched for, stalked or flushed is, as soon as reasonably possible, either—
i
given treatment to reduce or alleviate its pain or discomfort before being allowed to escape without being pursued or killed,
ii
captured for the purpose of being given treatment to reduce or alleviate its pain or discomfort (whether at that place or at another place),
iii
shot dead, or
iv
observed and allowed to escape without being pursued or killed,
f
if an attempt to kill the wild mammal, as mentioned in paragraph (e)(iii), results in it being injured but not killed, reasonable steps are taken to kill it in a way (other than by using a dog) that causes it the minimum possible suffering.