The Hunting Act 2004 (c 37) is an
Act of the
Parliament of the United Kingdom
The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprem ...
which bans the
hunting
Hunting is the human activity, human practice of seeking, pursuing, capturing, or killing wildlife or feral animals. The most common reasons for humans to hunt are to harvest food (i.e. meat) and useful animal products (fur/hide (skin), hide, ...
of most wild mammals (notably
foxes,
deer
Deer or true deer are hoofed ruminant mammals forming the family Cervidae. The two main groups of deer are the Cervinae, including the muntjac, the elk (wapiti), the red deer, and the fallow deer; and the Capreolinae, including the re ...
,
hare
Hares and jackrabbits are mammals belonging to the genus ''Lepus''. They are herbivores, and live solitarily or in pairs. They nest in slight depressions called forms, and their young are able to fend for themselves shortly after birth. The g ...
s and
mink
Mink are dark-colored, semiaquatic, carnivorous mammals of the genera '' Neogale'' and '' Mustela'' and part of the family Mustelidae, which also includes weasels, otters, and ferrets. There are two extant species referred to as "mink": ...
) with dogs in
England and Wales
England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is En ...
, subject to some strictly limited exemptions; the Act does not cover the use of dogs in the process of flushing out an unidentified wild mammal,
nor does it affect
drag hunting
Drag hunting or draghunting is a form of equestrian sport, where mounted riders hunt the trail of an artificially laid scent with hounds.
Description
Drag hunting is conducted in a similar manner to fox hunting, with a field of mounted riders fol ...
, where hounds are trained to follow an artificial scent.
The Act came into force on 18 February 2005. The pursuit of foxes with hounds, other than to flush out to be shot, had been banned in
Scotland
Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to ...
two years earlier by the
Protection of Wild Mammals (Scotland) Act 2002
The Protection of Wild Mammals (Scotland) Act is an Act of the Scottish Parliament passed in February 2002, making Scotland the first part of the United Kingdom to ban traditional fox hunting and hare coursing.
Passage of the Act
The bill was int ...
. Such hunting remains permitted by the law in
Northern Ireland
Northern Ireland ( ga, Tuaisceart Éireann ; sco, label=Ulster Scots dialect, Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is #Descriptions, variously described as ...
, where the Act does not apply.
History
Background
Several UK laws on animal welfare, such as the
Protection of Animals Act 1911
The Protection of Animals Act 1911 (c. 27) is an Act of the Parliament of the United Kingdom. It received royal assent on 18 August 1911.
The act consolidated several previous pieces of legislation, among others repealing the Cruelty to Animals ...
, the Protection of Badgers Act 1992 and the Wild Mammals (Protection) Act 1996 contained specific exemptions for hunting activities, thereby preventing prosecutions of other hunts activities that might otherwise have been considered cruel.
Many earlier attempts had been made to ban hunting. Two
private member's bill
A private member's bill is a bill (proposed law) introduced into a legislature by a legislator who is not acting on behalf of the executive branch. The designation "private member's bill" is used in most Westminster system jurisdictions, in wh ...
s to ban, or restrict, hunting were introduced in 1949, but one was withdrawn and the other defeated on its
second reading
A reading of a bill is a stage of debate on the bill held by a general body of a legislature.
In the Westminster system, developed in the United Kingdom, there are generally three readings of a bill as it passes through the stages of becoming ...
in the
House of Commons
The House of Commons is the name for the elected lower house of the bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of parliament. T ...
.
The Labour government appointed a Select Committee on Cruelty to Wild Animals, chaired by John Scott-Henderson
KC, to investigate all forms of hunting, and it published a report in 1951. Opponents of hunting claimed that the membership of the committee had been chosen to produce a pro-hunting report.
The inquiry reported its view that "
Fox hunting
Fox hunting is an activity involving the tracking, chase and, if caught, the killing of a fox, traditionally a red fox, by trained foxhounds or other scent hounds. A group of unarmed followers, led by a "master of foxhounds" (or "master of ho ...
makes a very important contribution to the control of foxes and involves less cruelty than most other methods of controlling them. It should therefore be allowed to continue." The select committee was unanimous in recommending no action on hunting, but it made proposals on the use of
spring traps.
Twice, in 1969 and in 1975, the House of Commons voted in favour of bills to ban
hare coursing
Hare coursing is the pursuit of hares with greyhounds and other sighthounds, which chase the hare by sight, not by scent.
In some countries, it is a legal, competitive activity in which dogs are tested on their ability to run, overtake and turn ...
, but neither bill became law. Three further private member's bills were introduced by
Kevin McNamara in 1992 (Wild Mammals (Protection) Bill), by
Tony Banks in 1993 (Fox Hunting (Abolition) Bill), and by
John McFall in 1995 (Wild Mammals (Protection) Bill)—all of which failed to go on to become law.
The
Protection of Wild Mammals (Scotland) Act 2002
The Protection of Wild Mammals (Scotland) Act is an Act of the Scottish Parliament passed in February 2002, making Scotland the first part of the United Kingdom to ban traditional fox hunting and hare coursing.
Passage of the Act
The bill was int ...
made it unlawful to chase or deliberately kill mammals with dogs in 2002. There are a number of differences between the two Acts: The Scottish Act does not place a two dog limit on the flushing of a mammal to guns in order to shoot it; with respect to flushing foxes above ground to guns to shoot them, only the Scottish Act permits this to be done to protect game birds; with respect to flushing foxes below ground to guns to shoot them, only the Scottish Act permits this to be done to protect livestock. The Scottish Act allows someone convicted to be sentenced for up to six months in prison, there is no such power in the Hunting Act 2004.
At the time of this bill fox hunting with hounds was "not practised or is largely banned" in Belgium, Denmark, Finland, Germany, Norway, Spain and Sweden,
but was allowed in Australia, Canada, France, India, Ireland, Italy, Russia and the USA.
Drafting
The Labour Party came to power in
1997
File:1997 Events Collage.png, From left, clockwise: The movie set of ''Titanic'', the highest-grossing movie in history at the time; '' Harry Potter and the Philosopher's Stone'', is published; Comet Hale-Bopp passes by Earth and becomes one of ...
with a manifesto saying, "We will ensure greater protection for wildlife. We have advocated new measures to promote
animal welfare
Animal welfare is the well-being of non-human animals. Formal standards of animal welfare vary between contexts, but are debated mostly by animal welfare groups, legislators, and academics. Animal welfare science uses measures such as longevit ...
, including a
free vote in Parliament on whether hunting with hounds should be banned." A new private member's bill, introduced by
Michael Foster MP, received a second reading with 411 MPs voting in support, but failed due to lack of parliamentary time. The
Burns Report in 2000 concluded that forms of fox hunting "seriously compromise the welfare of the fox",
but (in line with its remit) did not draw any conclusion on whether hunting should be banned or should continue. In a later debate in the House of Lords, the inquiry chairman,
Lord Burns also stated that "Naturally, people ask whether we were implying that hunting is cruel... The short answer to that question is no. There was not sufficient verifiable evidence or data safely to reach views about cruelty. It is a complex area." Following the Burns inquiry, the Government introduced an 'options bill' which allowed each House of Parliament to choose between a ban, licensed hunting, and
self-regulation
Self-regulation may refer to:
*Emotional self-regulation
*Self-control, in sociology/psychology
*Self-regulated learning, in educational psychology
*Self-regulation theory (SRT), a system of conscious personal management
*Industry self-regulation, ...
. The
House of Commons
The House of Commons is the name for the elected lower house of the bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of parliament. T ...
voted for a banning bill and the
House of Lords
The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminst ...
for self-regulation. The
2001 general election was then called and the bill ran out of parliamentary time.
In what he described as an attempt to raise animal welfare standards at the same time, and as an alternative to legislation that specifically targeted hunting,
Lord Donoughue proposed the Wild Mammals (Protection) (Amendment) Bil
This would have made it the case that "any person who intentionally inflicts, or causes or procures, unnecessary suffering on or to any wild mammal shall be guilty of an offence." A matching Bill was introduced in the Commons with the support of The Middle Way Group (see below). Both bills failed to become law as they were blocked by Labour members who wanted a specific hunting ban.
Animal welfare
Animal welfare is the well-being of non-human animals. Formal standards of animal welfare vary between contexts, but are debated mostly by animal welfare groups, legislators, and academics. Animal welfare science uses measures such as longevit ...
groups such as the
League Against Cruel Sports criticised the Bill on two grounds. Firstly, they opposed the exemption in the Bill for activities undertaken "in accordance with an approved code of conduct". Secondly, they argued that, if an activity was inherently cruel, it should be deemed as such by Parliament, rather than prosecutors having to argue and prove cruelty in every court case.
Following a series of evidence hearings in 2002, on 3 December 2002,
DEFRA Minister of State for Rural Affairs Alun Michael
Alun Edward Michael (born 22 August 1943) is a Welsh Labour politician serving as South Wales Police and Crime Commissioner since 2012. He served as Secretary of State for Wales from 1998 to 1999 and then as the first First Secretary of Wal ...
introduced a bill which would have allowed some licensed hunting. In July 2003, by a majority of 208 in a free vote, the Commons passed an amendment proposed by
Tony Banks to ban hunting entirely, but in October 2012 this was rejected by the House of Lords by a majority of 212.
Voting, conflict with the Lords and royal assent
A bill identical to the one passed by the House of Commons in 2003 was reintroduced to the Commons on 9 September 2004.
On 15 September 2004, the day of the final vote (
third reading
A reading of a bill is a stage of debate on the bill held by a general body of a legislature.
In the Westminster system, developed in the United Kingdom, there are generally three readings of a bill as it passes through the stages of becoming, ...
) of this controversial Act, two protesters staged the first invasion of the House of Commons chamber since
King Charles I in 1641. It was quickly quelled by Parliamentary officials, but led to a review of parliamentary security, given that it was the second breach of the security of the chamber in four months (
Fathers 4 Justice
Fathers 4 Justice (or F4J) is a fathers’ rights organisation in the United Kingdom. Founded in 2001, the group aims to gain public and parliamentary support for changes in UK legislation on fathers' rights, mainly using stunts and protest ...
activists had thrown purple flour in the Commons four months earlier). Simultaneously, a demonstration of between 8,000 and 10,000 people, including protesters from the
Countryside Alliance
The Countryside Alliance (CA) is a British organisation promoting issues relating to the countryside such as farming, rural services, small businesses and field sports, aiming to "Give Rural Britain a voice".
History
The Countryside Alliance ...
filled Parliament Square outside. Later, John Holliday wrote for the ''Guardian'' an essay on his actions.
On 17 November, on one of the days of the Parliamentary session, the Lords again insisted on its amendments to the main Bill. In the Commons, the Government's last-ditch attempt to compromise on a delay until 31 July 2007 won the support of only 46 MPs, although the delay until 2006 was inserted in the Bill. The Lords, who would have had to have accepted the Commons' other amendments (including the principle of a ban on hunting) and dues, rejected the proposal by 153 to 114.
With the Lords and Commons unable to come to agreement by the end of the Parliamentary year the
Speaker of the House of Commons,
Michael Martin, invoked the
Parliament Acts 1911 and 1949
The Parliament Acts 1911 and 1949 are two Acts of the Parliament of the United Kingdom, which form part of the constitution of the United Kingdom. Section 2(2) of the Parliament Act 1949 provides that the two Acts are to be construed as one.
...
, an infrequently used legislative device that allows the Commons to overrule the Lords where agreement can not be reached. The Hunting Act was only the seventh statute since 1911 enacted using these provisions. The House of Lords was criticised for undemocratically blocking the legislation; however, other newspapers and broadcasters condemned
Tony Blair
Sir Anthony Charles Lynton Blair (born 6 May 1953) is a British former politician who served as Prime Minister of the United Kingdom from 1997 to 2007 and Leader of the Labour Party from 1994 to 2007. He previously served as Leader of t ...
's Labour administration for giving in to what they perceived as the prejudicial views of anti-hunting Labour backbenchers.
The act came into force on 18 February 2005, three calendar months after it received royal assent.
Exempt hunting
The Act exempts some limited forms of hunting believed to be necessary.
[ Hunting with dogs is exempt from the Act if it falls within a class listed in Schedule 1, which may be amended by an ]Order
Order, ORDER or Orders may refer to:
* Categorization, the process in which ideas and objects are recognized, differentiated, and understood
* Heterarchy, a system of organization wherein the elements have the potential to be ranked a number of ...
made by the Secretary of State for the Environment
The Secretary of State for the Environment was a UK cabinet position, responsible for the Department of the Environment (DoE). This was created by Edward Heath as a combination of the Ministry of Housing and Local Government, the Ministry of T ...
.
Schedule 1 of the Act specifies nine forms of hunting with dogs which are exempt, subject to conditions in each case:[Hunting Act 2004,]
Schedule 1
legislation.gov.uk, accessed 24 December 2022
#Stalking and flushing out
#Use of dogs below ground to protect birds for shooting
#Rats
#Rabbits
#Retrieval of hares
#Falconry
#Recapture of wild mammal
#Rescue of wild mammal
#Research and observation
The Countryside Alliance
The Countryside Alliance (CA) is a British organisation promoting issues relating to the countryside such as farming, rural services, small businesses and field sports, aiming to "Give Rural Britain a voice".
History
The Countryside Alliance ...
has noted that "The Act makes it an offence to hunt a mouse with a dog but not a rat, you can legally hunt a rabbit but not a hare. You can flush a fox to guns with two dogs legally but if you use three it's an offence. You can flush a fox to a bird of prey
Birds of prey or predatory birds, also known as raptors, are hypercarnivorous bird species that actively hunt and feed on other vertebrates (mainly mammals, reptiles and other smaller birds). In addition to speed and strength, these predat ...
with as many dogs as you like."
Stalking and flushing out
Traditionally, in some upland areas, foxes were flushed by packs of dogs to be shot.
Stalking and flushing out are exempt under the Act, subject to five conditions:[
Firstly, the stalking or flushing out is for the purpose of preventing or reducing serious damage which the wild mammal would otherwise cause to livestock, to game birds or wild birds, to food for livestock, to crops, to growing timber, to fisheries, to other property, or to biological diversity; or for obtaining meat for human or animal consumption; or for participation in a field trial competition in which dogs flush animals out of cover and/or retrieve animals that have been shot.][
Secondly, the stalking or flushing out must take place on land which belongs to the person doing the stalking or flushing out or
which he has been given permission to use for the purpose.][
Thirdly, only one or two dogs may be used.][
Fourthly, the use of a dog below ground is limited as in the next section.][
Fifthly, reasonable steps must be taken to ensure that as soon as possible after being found or flushed out, the wild mammal is shot dead by a competent person, and that each dog used is kept under sufficiently close control to ensure that it does not obstruct the prevention or reduction of serious damage.][
Flushing to guns is still permitted in Scotland under the Protection of Wild Mammals (Scotland) Act 2002.] However MPs, in making law for England and Wales, decided that this activity did result in unnecessary suffering, not least because it is more difficult to control a large number of hounds in dense woodland where this activity used to take place.
This exemption was claimed by one stag hound
''Stag Hound'' was launched on December 7, 1850 in East Boston, Massachusetts. Designed by shipbuilder Donald McKay for the California trade, she was briefly the largest merchant ship in the world. She was in active service from 1851 until her tot ...
pack in the Exmoor
Exmoor is loosely defined as an area of hilly open moorland in west Somerset and north Devon in South West England. It is named after the River Exe, the source of which is situated in the centre of the area, two miles north-west of Simonsbath ...
area. In an appeal judgment following the conviction of two stag hunt officials, the judge said that such hunting conducted primarily for recreation was unlawful.
Use of dogs below ground to protect birds for shooting
Hunting below ground often took place with terriers
Terrier (from Latin ''terra'', 'earth') is a type of dog originally bred to hunt vermin. A terrier is a dog of any one of many breeds or landraces of the terrier type, which are typically small, wiry, game, and fearless. Terrier breeds vary g ...
, and the Act outlaws hunting with terriers, apart from a narrowly drawn exemption, described by the Minister, Alun Michael MP, as existing "for gamekeepers".
The use of one such dog is exempt, but only in the course of stalking or flushing out, and in accordance with four conditions.[
The activity must be be carried out "for the purpose of preventing or reducing serious damage to gamebirds or wild birds which a person is keeping or preserving for the purpose of their being shot."][
The stalker or person doing the flushing out must have written evidence that the land concerned belongs to him, or that he has been given permission to use it for the purpose, and must make the evidence immediately available for inspection by a constable who asks to see it.][
Only one dog can be used below ground at any time.][
Reasonable steps must be taken to ensure that
*as soon as possible after being found the wild mammal is flushed out from below ground and is shot dead by a competent person
*the dog is under close control
*injury to the dog is prevented; and
*the use of the dog complies with any code of practice issued or approved by the Secretary of State.][
Despite this, many fox hunts continue to use terriers on regularly. Three people, not associated with hunts, have pleaded guilty to offences under the Hunting Act 2004 for hunting with terriers and a fourth was found guilty after a trial.]
Hunting rats and rabbits
In enacting the Hunting Act, parliament accepted the view that the hunting of rats and rabbits is legitimate, as they are pests. Parliament did not believe there was any necessity to use dogs to hunt mice, so provided no such exemption.
The hunting of rats and rabbits is exempt only if it takes place on land which belongs to the hunter, or which he has been given permission to use for the purpose by the occupier or (if unoccupied) by an owner.[
]
Retrieval of hares
The hunting of a hare which has been shot is exempt if it takes place on land which belongs to the hunter, or which he has been given permission to use for the purpose.[
In a private prosecution under the Act brought by the ]International Fund for Animal Welfare
The International Fund for Animal Welfare (IFAW) is one of the largest animal welfare and conservation charities in the world. The organization works to rescue individual animals, safeguard populations, preserve habitat, and advocate for greater ...
(IFAW) who had observed two hare coursing
Hare coursing is the pursuit of hares with greyhounds and other sighthounds, which chase the hare by sight, not by scent.
In some countries, it is a legal, competitive activity in which dogs are tested on their ability to run, overtake and turn ...
events in villages near Malton, North Yorkshire
Malton is a market town, civil parish and electoral ward in North Yorkshire, England. Historically part of the North Riding of Yorkshire, the town is the location of the offices of Ryedale District Council and has a population of around 13,000 ...
in March 2007 organised by the Yorkshire Greyhound Field Trialling Club, the District Judge in Scarborough magistrate
The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a '' magistratus'' was one of the highest ranking government officers, and possessed both judic ...
s court clarified that the club was mistaken in believing that because the dogs they had been using were muzzled, the practice was lawful.
Falconry
In making falconry
Falconry is the hunting of wild animals in their natural state and habitat by means of a trained bird of prey. Small animals are hunted; squirrels and rabbits often fall prey to these birds. Two traditional terms are used to describe a person ...
an exempt form of hunting, the Act lays down two conditions.[
"Flushing a wild mammal from cover is exempt hunting if undertaken for the purpose of enabling a bird of prey to hunt the wild mammal."][
Such activity must be done on land which belongs to the hunter or which he has been given permission to use for the purpose.][
Many traditional hunts have bought birds of prey and say that they are using hounds to flush foxes to the bird of prey. Many experts, such as the Hawk Board, deny that any bird of prey can reasonably be used in the British countryside to kill a fox which has been flushed by (and is being chased by) a pack of hounds. If this view proves to be correct, then it is unlikely that such a use of dogs is lawful.
Expert opinion on the limitations of flushing foxes to birds of prey will be available to advise courts considering such cases, when they are litigated. For now, the question of what is lawful remains to be determined.][
]
Recapture of wild mammal
This exemption is for the hunting of a wild mammal which has escaped or been released from captivity, subject to these conditions:[
The activity must take place on land which belongs to the hunter, or on land which he has been given permission to use for the purpose, or with the authority of a constable.][
Reasonable steps must be taken to ensure that as soon as possible after being found the wild mammal is recaptured or shot dead by a competent person, and that each dog used in the hunt is kept under close control.][
The wild mammal must not have been released or allowed to escape for the purpose of being hunted.][
]
Rescue of wild mammal
The hunting of an injured wild mammal is exempt, subject to these conditions:[
The hunter must reasonably believe that the wild mammal is or may be injured.][
The hunting must be for the purpose of relieving the wild mammal’s suffering.][
No more than two dogs may be used.][
There must be no use of a dog below ground.][
The activity must take place on land which belongs to the hunter or which he has been given permission to use for the purpose or with the authority of a constable.][
Reasonable steps must be taken to ensure that as soon as possible after the wild mammal is found appropriate action (if any) is taken to relieve its suffering, and that each dog used in the hunt is kept under close control.][
The wild mammal must not have been harmed to enable it to be hunted under this exemption.][
]
Research and observation
The last form of exempt hunting which is provided for in the Act is subject to these conditions:[
The hunting must be undertaken "for the purpose of or in connection with the observation or study of the wild mammal.”][
No more than two dogs may be used, and no dog below ground.][
The activity must take place on land which belongs to the hunter, or which he has been given permission to use for the purpose.][
Each dog used must be kept under close control to ensure that it does not injure the wild mammal.][
]
Failed challenges
Challenges to the Act which questioning the legality of the Parliament Act 1949
The Parliament Act 1949 (12, 13 & 14 Geo. 6 c. 103) is an Act of the Parliament of the United Kingdom. It reduced the power of the House of Lords to delay certain types of legislation – specifically public bills other than money bills ...
in the High Court and Court of Appeal
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much ...
failed (for example '' Jackson v Attorney General'') The House of Lords
The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminst ...
in their judicial capacity agreed with the lower courts in a judgment delivered in October 2005.
An application for judicial review
Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incomp ...
was made to the High Court of England and Wales
The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal and the Crown Court, are the Senior Courts of England and Wales. Its name is abbreviated as EWHC (England ...
which argued that the anti-hunting
Opposition to hunting is espoused by people or groups who object to the practice of hunting, often seeking anti-hunting legislation and sometimes taking on acts of civil disobedience, such as hunt sabotage. Anti-hunting laws, such as the Englis ...
legislation contravenes individual human or property rights
The right to property, or the right to own property (cf. ownership) is often classified as a human right for natural persons regarding their possessions. A general recognition of a right to private property is found more rarely and is typically h ...
protected in the European Convention on Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by ...
(ECHR) and under European Community law
European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its valu ...
and on grounds of the free movement of goods and services. The application was dismissed by the High Court in July 2005, the Court of Appeal
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much ...
in June 2006 and the House of Lords in November 2007. An application to the European Court of Human Rights
The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that ...
was ruled inadmissible.
Penalties and enforcement
A person guilty of an offence under this Act is liable on summary conviction
A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment (required for an indictable offence).
Canada
In Canada, summary offen ...
to an unlimited fine at the discretion of judges. (The provisions of the law state a penalty not exceeding level 5 on the standard scale The standard scale is a system in Commonwealth law whereby financial criminal penalties (fines) in legislation have maximum levels set against a standard scale. Then, when inflation makes it necessary to increase the levels of the fines the legisl ...
, however, level 5 currently has no upper limit).
Analysis published in 2015 by pro-hunting pressure group the Countryside Alliance
The Countryside Alliance (CA) is a British organisation promoting issues relating to the countryside such as farming, rural services, small businesses and field sports, aiming to "Give Rural Britain a voice".
History
The Countryside Alliance ...
of 2005-14 data from the Ministry of Justice A Ministry of Justice is a common type of government department that serves as a justice ministry.
Lists of current ministries of justice
Named "Ministry"
* Ministry of Justice (Abkhazia)
* Ministry of Justice (Afghanistan)
* Ministry of Justi ...
shows that 378 people have been convicted of Hunting Act offences over that period, but only 24 of the offenders were involved with registered hunts. They therefore conclude that more than 94% of Hunting Act convicted offenders were not members of registered hunts but were involved in poaching or other casual hunting activities. Justice Minister Crispin Blunt
Crispin Jeremy Rupert Blunt (born 15 July 1960) is a British politician who has served as the Member of Parliament (MP) for Reigate since 1997. A member of the Conservative Party, he was the Parliamentary Under-Secretary of State for Prisons and ...
said in a written answer to Parliament in June 2011 that "it is not possible to separately identify those specific cases proceeded against under the Hunting Act 2004 related to hunts recognised and regulated by the Council of Hunting Associations" since "statistical information available centrally does not include the circumstances of each case." In 2014, the number of successful convictions under the act had risen to 430.
Animal welfare groups such as the RSPCA
The Royal Society for the Prevention of Cruelty to Animals (RSPCA) is a charity operating in England and Wales that promotes animal welfare. The RSPCA is funded primarily by voluntary donations. Founded in 1824, it is the oldest and largest a ...
, IFAW
Ifo is a town in south-western Nigeria near Lagos.
Transport
It is served by a junction station on the national railway network.
See also
* Railway stations in Nigeria
Railway stations in Nigeria include:
Maps
UN MapUNHCR A ...
and the League Against Cruel Sports monitor some hunts, which they believe may be breaking the law. Small, local groups of Hunt Monitors
In the United Kingdom, hunt monitors endeavour to observe behaviours of organized hunts and undertake information gathering activities, known as hunt monitoring.
Hunt monitoring is an activity undertaken by concerned individuals who want to see t ...
, made up of independent, private individuals, also engage in regular hunt monitoring. In 2011 the League Against Cruel Sports complained that "On several occasions over the last few years, we have provided what we believed to be good evidence to Devon & Cornwall Police, but the police haven’t even moved from the starting blocks by interviewing suspects. Some cases have run out of time and sometimes the Crown Prosecution Service (CPS) decide to take no action."
Police forces
The police are a constituted body of persons empowered by a state, with the aim to enforce the law, to ensure the safety, health and possessions of citizens, and to prevent crime and civil disorder. Their lawful powers include arrest and t ...
have said, on a number of occasions, that enforcement of the Hunting Act 2004 like much wildlife crime is a low priority for them, although they say that they will enforce the law. However, the Police's UK National Wildlife Crime Unit has said that policing of hunting should be a priority for forces in some areas of the country, most notably the South West.
Key court cases involving registered hunts
Tony Wright (Exmoor Foxhounds): 2006–2009
Tony Wright, huntsman for the Exmoor Foxhounds, was convicted of illegal hunting with dogs in Barnstaple magistrates court in August 2006 in a private prosecution by the League Against Cruel Sports, but was then acquitted by the High Court on appeal. The appeal took place at the request of the Crown Prosecution Service
The Crown Prosecution Service (CPS) is the principal public agency for conducting criminal prosecutions in England and Wales. It is headed by the Director of Public Prosecutions.
The main responsibilities of the CPS are to provide legal advi ...
who wished to determine if it is necessary for the prosecution to demonstrate that any hunting taking place was not exempt, or for the defence to prove that it was exempt; also to define what was meant by "hunting". The High Court ruled that it was necessary for the prosecution to prove that the conditions of the exemption had not been met. It also ruled that for the offence of "hunting a wild mammal" to take place there must be an identifiable mammal.
Julian Barnfield (Heythrop Hunt): 2009
Charges of illegal hunting of a fox between November 2008 and February 2009 brought against Julian Barnfield of the Heythrop Hunt by the Crown Prosecution Service
The Crown Prosecution Service (CPS) is the principal public agency for conducting criminal prosecutions in England and Wales. It is headed by the Director of Public Prosecutions.
The main responsibilities of the CPS are to provide legal advi ...
were dropped in March 2009 in response to the earlier High Court ruling in the Tony Wright case that 'searching' for a mammal was not hunting and that "hunting could only be an 'intentional' activity".
Derek Hopkins and Kevin Allen (Fernie Hunt): 2011
Huntsman Derek Hopkins and terrierman Kevin Allen, employees of the Fernie Hunt from Great Bowden, were convicted of illegal hunting in October 2011. They also lost their appeal, partly based on video evidence collected by the League Against Cruel Sports. It was the third successful prosecution for illegal fox hunting using the 2004 Act.[
]
Crawley and Horsham Hunt: 2008–2013
In 2008, the Crawley and Horsham Hunt launched a legal action in the High Court for trespass, nuisance, and harassment against Simon and Jane Wild of West Sussex Wildlife Protection and West Sussex Badger Protection Group. The hunt used Timothy Lawson-Cruttenden, an expert in the use of the Protection from Harassment Act 1997 in such cases. This was viewed as a test case and received support from the Countryside Alliance, the Master of Foxhounds Association and 80 landowners and if successful was planned to lead to a request for an injunction against everyone associated with these groups from interfering with the hunt. The defendants claimed to have evidence of illegal hunting taking place and were asking the court to accept this as a defence to the Harassment Act action. The original judge, Justice Cranston, stepped down in July 2008 due to earlier comments made in support of the ban made while an MP. During the second trial it was reported that the judge dismissed nuisance and trespass, because they had "fundamental defects", leaving only harassment. It was also reported that the protestors, using an undercover infiltrator, had been able to get hold of conclusive evidence that the claimants were engaged in illegal fox hunting. The principal plaintiff, Simon Greenwood, was filmed using his hounds to chase a fox to ground and then call in terrier-men to dig it out and throw it to the hounds. The plaintiffs dropped the case in July 2009, and agreed to pay costs estimated at over £120,000.
Officials of the Crawley and Horsham Hunt
The Crawley and Horsham Hunt is a United Kingdom foxhound pack, with hunting country of around 23 miles by 20 miles within the ceremonial county of Sussex.
History
The precise date of establishment of hunting in Sussex is uncertain, but in the 1 ...
were found guilty in May 2012 of Hunting Act offences: professional huntsman Andrew Phillis, joint master Neill Millard and the hunt secretary Rachel Holdsworth were convicted on a total of five charges of illegally hunting. Millard and Holdsworth were fined £1000 each and both ordered to pay £2500 costs. Phillis was later sentenced to a £500 fine and £2500 costs.
In September 2013, professional huntsman Nicholas Bycroft pleaded guilty to an offence under Section 1 of the Hunting Act: he admitted illegally hunting a fox during a meet at Angmering Park, near Arundel, West Sussex, on 19 February 2013. He was given a 12-month conditional discharge, £150 costs and £15 victim surcharge
In the legal system of England and Wales, the surcharge, often referred to as a ''victim surcharge'' is a penalty applied to people convicted of offences, in addition to a conditional discharge, a fine, or a community or custodial sentence, in o ...
.
RSPCA vs Heythrop Hunt: 2012
In December 2012 the RSPCA
The Royal Society for the Prevention of Cruelty to Animals (RSPCA) is a charity operating in England and Wales that promotes animal welfare. The RSPCA is funded primarily by voluntary donations. Founded in 1824, it is the oldest and largest a ...
took out a private prosecution against Heythrop Hunt Limited. This was a landmark case, as it was the first time that an organized hunt was prosecuted as a corporate body. The Heythrop Hunt, its Huntsman, Julian Barnfield, and its Senior Master, Richard Sumner, all pleaded guilty to four charges of illegally hunting a fox at Oxford magistrates court in December 2012. Barnfield, a former huntsman with the Heythrop and one of those convicted, said that the case had been politically motivated with its links with David Cameron's constituency. The presiding magistrate called the RSPCA's £327,000 costs "staggering"; however, Gavin Grant, the chief executive of the RSPCA, said that the organisation would prevent cruelty to animals by all lawful means and had prosecuted 1,341 individuals and secured 3,114 convictions in the past year with a success rate of more than 98%.
Other cases
Subsequently, three pending prosecutions against hunts, including one brought privately by the League Against Cruel Sports, were dropped and a further two cases which did reach court were thrown out at the conclusion of the prosecution cases when the District Judges ruled that there was no case to answer.
From March to November 2013, staff of six separate hunts were either acquitted of Hunting Act offences or had the prosecutions against them dropped, including three foxhound packs (The York & Ainsty South, the Avon Vale and the Ledbury), a harrier pack (Weston & Banwell Harriers), a staghound pack (The Quantock Staghounds) and a beagle pack (The RAC Beagles).
In September 2013 David Parker, the huntsman of the Seavington Hunt, was fined after he admitted illegally hunting a fox with dogs in Dorset. The prosecution was brought by the RSPCA with evidence from the International Fund for Animal Welfare (IFAW).
Perspectives
Public opinion
Public opinion has tended to be in favour of the ban on fox hunting:
* A survey commissioned by ''The Daily Telegraph
''The Daily Telegraph'', known online and elsewhere as ''The Telegraph'', is a national British daily broadsheet newspaper published in London by Telegraph Media Group and distributed across the United Kingdom and internationally.
It was f ...
'' in 2002 indicated that a majority of people (57%) agreed with the statement that 'hunting with dogs is never acceptable'.
*A survey by MORI for the BBC carried out in February 2005 found that there was a plurality of support for the new legislation, but not an absolute majority
A supermajority, supra-majority, qualified majority, or special majority is a requirement for a proposal to gain a specified level of support which is greater than the threshold of more than one-half used for a simple majority. Supermajority r ...
(47% supporting, 26% opposed).
*In 2009, Ipsos MORI found that a total of 75% supported the ban on fox hunting.
* In 2010, the figure was almost identical, with 76% being opposed to repealing the Hunting Act, including with 71% of rural residents. There was 18% support for repeal.
*A poll by MORI in December 2012 showed no change on fox hunting, with 76% being opposed to moves to make it legal, rising to 81% in respect to deer hunting.
*Ahead of Boxing Day 2016 a poll was released which indicated opposition to fox hunting had reached all-time highs, with 84% of voters, including 82% of those in rural areas, opposing fox hunting.
*An opinion poll in May 2017 revealed overwhelming public opposition to hunting with dogs, including the repeal of the Hunting Act 2004. 64% of voters disagreed with the statement that "the ban on fox hunting should be reversed", including 46% who "strongly disagreed". Just 11% supported the repeal of the ban. The poll was published in the aftermath of the release of the Conservative Party
The Conservative Party is a name used by many political parties around the world. These political parties are generally right-wing though their exact ideologies can range from center-right to far-right.
Political parties called The Conservative P ...
manifesto for the 2017 general election, which promised a vote on the repeal of the Act. Only 16% of Conservative voters want the ban overturned, with 50% opposed.
Supporters of the bill
*Royal Society for the Prevention of Cruelty to Animals
The Royal Society for the Prevention of Cruelty to Animals (RSPCA) is a charity operating in England and Wales that promotes animal welfare. The RSPCA is funded primarily by voluntary donations. Founded in 1824, it is the oldest and largest a ...
(RSPCA)
* League Against Cruel Sports
*Hunt Saboteurs Association
The Hunt Saboteurs Association (HSA) is a United Kingdom organisation that uses hunt sabotage as a means of direct action to stop fox hunting. It was founded in 1963, with its first sabotage event occurring at the South Devon Foxhounds on 26 Dec ...
*Animal Welfare Party
Animal Welfare Party (AWP) is a minor political party in the United Kingdom campaigning on an animal welfare, environment and health platform.Animal Welfare Party websiteVision/ref>
History
The party was founded in December 2006 by Jasmijn de ...
*Patrick Moore
Sir Patrick Alfred Caldwell-Moore (; 4 March 1923 – 9 December 2012) was an English amateur astronomer who attained prominence in that field as a writer, researcher, radio commentator and television presenter.
Moore was president of the Bri ...
*Conservatives Against Fox Hunting
*Conservative MPs Caroline Dinenage
Caroline Julia Dinenage, Baroness Lancaster of Kimbolton, (born 28 October 1971), also styled as Dame Caroline Dinenage, is a British Conservative Party politician who has been the Member of Parliament (MP) for Gosport since 2010. She was re ...
, Tracey Crouch
Tracey Elizabeth Anne Crouch (born 24 July 1975) is a British politician who has served as the Member of Parliament (MP) for Chatham and Aylesford since 2010. A member of the Conservative Party, she gained the seat from Labour's Jonathan S ...
, Mike Weatherley, Dominic Raab
Dominic Rennie Raab (; born 25 February 1974) is a British politician who has served as Deputy Prime Minister of the United Kingdom, Secretary of State for Justice, and Lord Chancellor since October 2022, having previously served from 2021 t ...
, Sir Roger Gale
Sir Roger James Gale (born 20th August 1943) is a British politician who has served as the member of Parliament (MP) for North Thanet since 1983. He had a career in journalism and broadcasting from 1964, around the same time as he joined the C ...
, Stuart Andrew
Stuart James Andrew (born 25 November 1971) is a Welsh politician serving as Parliamentary Under-Secretary of State for Sport, Tourism, Heritage and Civil Society since September 2022 and Parliamentary Under-Secretary of State for Equalities s ...
, Simon Kirby
Simon Gerard Kirby (born 22 December 1964), also known as Simon Radford-Kirby, is a British politician. A member of the Conservative Party (UK), Conservative Party, he was elected as the Member of Parliament (United Kingdom), Member of Parliame ...
, Caroline Ansell
Caroline Julie Porte Ansell (born 12 January 1971) is a Conservative Party politician in the United Kingdom. She has been the Member of Parliament (MP) for Eastbourne since the 2019 general election. She was first elected as Eastbourne's MP at t ...
m, Ann Widdecombe
Ann Noreen Widdecombe (born 4 October 1947) is a British politician, author and television personality. She was Member of Parliament (MP) for Maidstone and The Weald, and the former Maidstone constituency, from 1987 to 2010 and Member of the ...
and Lee Scott
*Brian May
Brian Harold May (born 19 July 1947) is an English guitarist, singer, songwriter, and astrophysicist, who achieved worldwide fame as the lead guitarist of the rock band Queen. May was a co-founder of Queen with lead singer Freddie Mercury and ...
*Paul McCartney
Sir James Paul McCartney (born 18 June 1942) is an English singer, songwriter and musician who gained worldwide fame with the Beatles, for whom he played bass guitar and shared primary songwriting and lead vocal duties with John Lennon. One ...
* Ricky Gervais (actor and comedian)
* Roger Moore
Opponents of the bill
*Countryside Alliance
*Theresa May
Theresa Mary May, Lady May (; née Brasier; born 1 October 1956) is a British politician who served as Prime Minister of the United Kingdom and Leader of the Conservative Party from 2016 to 2019. She previously served in David Cameron's cabi ...
, later Prime Minister
A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister i ...
*Clarissa Dickson Wright
Clarissa Theresa Philomena Aileen Mary Josephine Agnes Elsie Trilby Louise Esmerelda Dickson Wright (24 June 1947 – 15 March 2014) was an English celebrity cook, television personality, writer, businesswoman, and former barrister. She was bes ...
, celebrity cook, writer, journalist and TV host
*Charles III
Charles III (Charles Philip Arthur George; born 14 November 1948) is King of the United Kingdom and the 14 other Commonwealth realms. He was the longest-serving heir apparent and Prince of Wales and, at age 73, became the oldest person t ...
allegedly commented that "if hunting was banned, he might as well leave the country and spend the rest of his life skiing".
*Jeremy Irons
Jeremy John Irons (; born 19 September 1948) is an English actor and activist. After receiving classical training at the Bristol Old Vic Theatre School, Irons began his acting career on stage in 1969 and has appeared in many West End theatre ...
, actor
*Jeremy Clarkson
Jeremy Charles Robert Clarkson (born 11 April 1960) is an English broadcaster, journalist, game show host and writer who specialises in motoring. He is best known for the motoring programmes '' Top Gear'' and '' The Grand Tour'' alongside R ...
, journalist and broadcaster
*Otis Ferry
Charles Frederick Otis Ferry (born 1 November 1982) is a British model and prominent pro- fox hunting enthusiast. He has served as joint master of the South Shropshire hunt.
Ferry has been arrested and charged several times for activities relate ...
, son of musician Bryan Ferry
* Roger Waters, bassist in Pink Floyd
*Game and Wildlife Conservation Trust
The Game & Wildlife Conservation Trust (formerly the Game Conservancy Trust) is a British charitable organisation promoting game and wildlife management as a part of nature conservation, whilst working with the shooting and hunting community. For o ...
*Farmers' Union of Wales
The Farmers’ Union of Wales (FUW) ( cy, Undeb Amaethwyr Cymru (UAC)), a member organisation, was formed in 1955 to protect and advance the interests of those who derive an income from Welsh agriculture.
Established in 1955, the FUW is the only ...
The Middle Way Group
(a group of Conservative, Labour, Liberal Democrat and Plaid Cymru parliamentarians)
Union of Country Sports Workers
(a trade union)
Neutral
* National Farmers Union
Proposed Coalition review
The Conservative – Liberal Democrat Coalition Agreement
Conservatism is a cultural, social, and political philosophy that seeks to promote and to preserve traditional institutions, practices, and values. The central tenets of conservatism may vary in relation to the culture and civilization in ...
, agreed by the new government following the 2010 general election, aimed to give MPs a free vote "to express its view" on repealing the Hunting Act 2004 when parliamentary time allowed; in late 2010, it was thought this might be in "early 2012". The prime minister, David Cameron, explained in January 2012 "I always thought the hunting ban was a pretty bizarre piece of legislation ... I think there should be a free vote in the House of Commons. I think the Commons should make its mind up about this. My problem has always been that it was just taking the criminal law into an area of activity where it didn't really belong." However, in December 2012 Owen Paterson
Owen William Paterson (born 24 June 1956) is a British former politician who served as Secretary of State for Northern Ireland from 2010 to 2012 and Secretary of State for Environment, Food and Rural Affairs from 2012 to 2014 under Prime Minist ...
, the Environment Secretary, said that there was no immediate likelihood of winning a Commons vote to make hunting legal again and that supporters of hunting would need to do "more work" to win over sceptical MPs.
Proposed Conservative amendments
The 2015 Conservative Government proposed "technical" amendments to the Act. These were officially postponed on 14 July 2015.
At the 2017 election Theresa May
Theresa Mary May, Lady May (; née Brasier; born 1 October 1956) is a British politician who served as Prime Minister of the United Kingdom and Leader of the Conservative Party from 2016 to 2019. She previously served in David Cameron's cabi ...
pledged to hold a free vote on repealing the Hunting Act if the Conservative Party won a majority. These plans were scrapped in January 2018.
At the 2019 election the Conservative Party announced that they would not make any changes to the Hunting Act leading to suggestions that the Conservatives would no longer oppose the Hunting Ban.
See also
*Animal law
Animal law is a combination of statutory and case law in which the nature legal, social or biological of nonhuman animals is an important factor. Animal law encompasses companion animals, wildlife, animals used in entertainment and animals raise ...
*Beagling
Beagling is the hunting mainly of hares and also rabbits, by beagles by scent. A beagle pack (10 or more hounds) is usually followed on foot, but in a few cases mounted. Beagling is often enjoyed by 'retired' fox hunters who have either sustaine ...
Footnotes
72 .http://www.theargus.co.uk/news/1735356.print/
RSPCA vs Heythrop Hunt: 2012
73 https://www.theguardian.com/uk/2012/may/14/hunt-members-guilty-fox-hounds?newsfeed=true
74 https://web.archive.org/web/20121004145808/http://www.horseandhound.co.uk/competitionnews/392/286742.html
External links
Timeline: Labour and hunting
Guardian Special report:Attempts to ban hunting
BBC In depth analysis
Countryside Alliance 'Case for repeal'
League Against Cruel Sports: How we got hunting banned
*
UK Legislation
Text of the Hunting Act 2004
Explanatory notes
to the Hunting Act 2004.
{{UK legislation
United Kingdom Acts of Parliament 2004
Acts of the Parliament of the United Kingdom concerning England and Wales
Hunting and shooting in the United Kingdom
Hunting legislation
Hunting with hounds
Hunting and shooting in England
Acts of the Parliament of the United Kingdom passed under the Parliament Act