Hunting with Dogs (Scotland) Act 2023

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).

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).