Study with the several resources on Docsity
Earn points by helping other students or get them with a premium plan
Prepare for your exams
Study with the several resources on Docsity
Earn points to download
Earn points by helping other students or get them with a premium plan
Community
Ask the community for help and clear up your study doubts
Discover the best universities in your country according to Docsity users
Free resources
Download our free guides on studying techniques, anxiety management strategies, and thesis advice from Docsity tutors
(3) A “hare coursing event” is a competition in which dogs are, by the use of live hares, assessed as to skill in hunting hares. PART 2.
Typology: Study notes
1 / 13
This page cannot be seen from the preview
Don't miss anything!
CONTENTS
1 Hunting wild mammals with dogs 2 Exempt hunting 3 Hunting: assistance 4 Hunting: defence 5 Hare coursing
P ART 2
E NFORCEMENT
6 Penalty 7 Arrest 8 Search and seizure 9 Forfeiture 10 Offence by body corporate
P ART 3
G ENERAL
11 Interpretation 12 Crown application 13 Amendments and repeals 14 Subordinate legislation 15 Commencement 16 Short title 17 Extent
iv Hunting Act 2004 (c.^^37 )
Schedule 1 — Exempt Hunting Schedule 2 — Consequential Amendments Schedule 3 — Repeals
Part 1 — Offences
4 Hunting: defence
It is a defence for a person charged with an offence under section 1 in respect of hunting to show that he reasonably believed that the hunting was exempt.
5 Hare coursing
(1) A person commits an offence if he— (a) participates in a hare coursing event, (b) attends a hare coursing event, (c) knowingly facilitates a hare coursing event, or (d) permits land which belongs to him to be used for the purposes of a hare coursing event.
(2) Each of the following persons commits an offence if a dog participates in a hare coursing event— (a) any person who enters the dog for the event, (b) any person who permits the dog to be entered, and (c) any person who controls or handles the dog in the course of or for the purposes of the event.
(3) A “hare coursing event” is a competition in which dogs are, by the use of live hares, assessed as to skill in hunting hares.
P ART 2
E NFORCEMENT
6 Penalty
A person guilty of an offence under this Act shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
7 Arrest
A constable without a warrant may arrest a person whom he reasonably suspects— (a) to have committed an offence under section 1 or 5(1)(a), (b) or (2), (b) to be committing an offence under any of those provisions, or (c) to be about to commit an offence under any of those provisions.
8 Search and seizure
(1) This section applies where a constable reasonably suspects that a person (“the suspect”) is committing or has committed an offence under Part 1 of this Act.
(2) If the constable reasonably believes that evidence of the offence is likely to be found on the suspect, the constable may stop the suspect and search him.
(3) If the constable reasonably believes that evidence of the offence is likely to be found on or in a vehicle, animal or other thing of which the suspect appears to be in possession or control, the constable may stop and search the vehicle, animal or other thing.
Part 2 — Enforcement
(4) A constable may seize and detain a vehicle, animal or other thing if he reasonably believes that— (a) it may be used as evidence in criminal proceedings for an offence under Part 1 of this Act, or (b) it may be made the subject of an order under section 9.
(5) For the purposes of exercising a power under this section a constable may enter— (a) land; (b) premises other than a dwelling; (c) a vehicle.
(6) The exercise of a power under this section does not require a warrant.
9 Forfeiture
(1) A court which convicts a person of an offence under Part 1 of this Act may order the forfeiture of any dog or hunting article which— (a) was used in the commission of the offence, or (b) was in the possession of the person convicted at the time of his arrest.
(2) A court which convicts a person of an offence under Part 1 of this Act may order the forfeiture of any vehicle which was used in the commission of the offence.
(3) In subsection (1) “hunting article” means anything designed or adapted for use in connection with— (a) hunting a wild mammal, or (b) hare coursing.
(4) A forfeiture order— (a) may include such provision about the treatment of the dog, vehicle or article forfeited as the court thinks appropriate, and (b) subject to provision made under paragraph (a), shall be treated as requiring any person who is in possession of the dog, vehicle or article to surrender it to a constable as soon as is reasonably practicable.
(5) Where a forfeited dog, vehicle or article is retained by or surrendered to a constable, the police force of which the constable is a member shall ensure that such arrangements are made for its destruction or disposal— (a) as are specified in the forfeiture order, or (b) where no arrangements are specified in the order, as seem to the police force to be appropriate.
(6) The court which makes a forfeiture order may order the return of the forfeited dog, vehicle or article on an application made— (a) by a person who claims to have an interest in the dog, vehicle or article (other than the person on whose conviction the order was made), and (b) before the dog, vehicle or article has been destroyed or finally disposed of under subsection (5).
(7) A person commits an offence if he fails to— (a) comply with a forfeiture order, or (b) co-operate with a step taken for the purpose of giving effect to a forfeiture order.
Part 3 — General
(2) The enactments listed in Schedule 3 are hereby repealed to the extent specified.
14 Subordinate legislation
An order of the Secretary of State under this Act— (a) shall be made by statutory instrument, (b) may not be made unless a draft has been laid before and approved by resolution of each House of Parliament, (c) may make provision which applies generally or only in specified circumstances or for specified purposes, (d) may make different provision for different circumstances or purposes, and (e) may make transitional, consequential and incidental provision.
15 Commencement
This Act shall come into force at the end of the period of three months beginning with the date on which it is passed.
16 Short title
This Act may be cited as the Hunting Act 2004.
17 Extent
This Act shall extend only to England and Wales.
Schedule 1 — Exempt Hunting
S C H E D U L E S
SCHEDULE 1 Section 2
E XEMPT H UNTING
Stalking and flushing out
1 (1) Stalking a wild mammal, or flushing it out of cover, is exempt hunting if the conditions in this paragraph are satisfied. (2) The first condition is that the stalking or flushing out is undertaken for the purpose of— (a) preventing or reducing serious damage which the wild mammal would otherwise cause— (i) to livestock, (ii) to game birds or wild birds (within the meaning of section 27 of the Wildlife and Countryside Act 1981 (c. 69)), (iii) to food for livestock, (iv) to crops (including vegetables and fruit), (v) to growing timber, (vi) to fisheries, (vii) to other property, or (viii) to the biological diversity of an area (within the meaning of the United Nations Environmental Programme Convention on Biological Diversity of 1992), (b) obtaining meat to be used for human or animal consumption, or (c) participation in a field trial. (3) In subparagraph (2)(c) “field trial” means a competition (other than a hare coursing event within the meaning of section 5) in which dogs— (a) flush animals out of cover or retrieve animals that have been shot (or both), and (b) are assessed as to their likely usefulness in connection with shooting. (4) The second condition is that the stalking or flushing out takes place on land— (a) which belongs to the person doing the stalking or flushing out, or (b) which he has been given permission to use for the purpose by the occupier or, in the case of unoccupied land, by a person to whom it belongs. (5) The third condition is that the stalking or flushing out does not involve the use of more than two dogs. (6) The fourth condition is that the stalking or flushing out does not involve the use of a dog below ground otherwise than in accordance with paragraph 2 below.
Schedule 1 — Exempt Hunting
(a) which belongs to the hunter, or (b) which he has been given permission to use for the purpose by the occupier or, in the case of unoccupied land, by a person to whom it belongs.
Rabbits
4 The hunting of rabbits is exempt if it takes place on land— (a) which belongs to the hunter, or (b) which he has been given permission to use for the purpose by the occupier or, in the case of unoccupied land, by a person to whom it belongs.
Retrieval of hares
5 The hunting of a hare which has been shot is exempt if it takes place on land— (a) which belongs to the hunter, or (b) which he has been given permission to use for the purpose of hunting hares by the occupier or, in the case of unoccupied land, by a person to whom it belongs.
Falconry
6 Flushing a wild mammal from cover is exempt hunting if undertaken— (a) for the purpose of enabling a bird of prey to hunt the wild mammal, and (b) on land which belongs to the hunter or which he has been given permission to use for the purpose by the occupier or, in the case of unoccupied land, by a person to whom it belongs.
Recapture of wild mammal
7 (1) The hunting of a wild mammal which has escaped or been released from captivity or confinement is exempt if the conditions in this paragraph are satisfied. (2) The first condition is that the hunting takes place— (a) on land which belongs to the hunter, (b) on land which he has been given permission to use for the purpose by the occupier or, in the case of unoccupied land, by a person to whom it belongs, or (c) with the authority of a constable. (3) The second condition is that— (a) reasonable steps are taken for the purpose of ensuring that as soon as possible after being found the wild mammal is recaptured or shot dead by a competent person, and (b) in particular, each dog used in the hunt is kept under sufficiently close control to ensure that it does not prevent or obstruct achievement of the objective in paragraph (a). (4) The third condition is that the wild mammal— (a) was not released for the purpose of being hunted, and
Schedule 1 — Exempt Hunting
(b) was not, for that purpose, permitted to escape.
Rescue of wild mammal
8 (1) The hunting of a wild mammal is exempt if the conditions in this paragraph are satisfied. (2) The first condition is that the hunter reasonably believes that the wild mammal is or may be injured. (3) The second condition is that the hunting is undertaken for the purpose of relieving the wild mammal’s suffering. (4) The third condition is that the hunting does not involve the use of more than two dogs. (5) The fourth condition is that the hunting does not involve the use of a dog below ground. (6) The fifth condition is that the hunting takes place— (a) on land which belongs to the hunter, (b) on land which he has been given permission to use for the purpose by the occupier or, in the case of unoccupied land, by a person to whom it belongs, or (c) with the authority of a constable. (7) The sixth condition is that— (a) reasonable steps are taken for the purpose of ensuring that as soon as possible after the wild mammal is found appropriate action (if any) is taken to relieve its suffering, and (b) in particular, each dog used in the hunt is kept under sufficiently close control to ensure that it does not prevent or obstruct achievement of the objective in paragraph (a). (8) The seventh condition is that the wild mammal was not harmed for the purpose of enabling it to be hunted in reliance upon this paragraph.
Research and observation
9 (1) The hunting of a wild mammal is exempt if the conditions in this paragraph are satisfied. (2) The first condition is that the hunting is undertaken for the purpose of or in connection with the observation or study of the wild mammal. (3) The second condition is that the hunting does not involve the use of more than two dogs. (4) The third condition is that the hunting does not involve the use of a dog below ground. (5) The fourth condition is that the hunting takes place on land— (a) which belongs to the hunter, or (b) which he has been given permission to use for the purpose by the occupier or, in the case of unoccupied land, by a person to whom it belongs. (6) The fifth condition is that each dog used in the hunt is kept under sufficiently close control to ensure that it does not injure the wild mammal.
Schedule 3 — Repeals
The Protection of Badgers Act 1992 (c. 51)
Section 8(4) to (9).
Short title and chapter Extent of repeal
