Wild Mammals (Hunting with Dogs) Bill

House of Commons

Session 1997-98
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Wild Mammals (Hunting with Dogs) Bill

A
B I L L

TO
Make provision for the protection of wild mammals from being pursued, killed or injured by the use of dogs; and for connected purposes.
BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons in this present Parliament assembled, and by the authority of the same, as follows:-

Offences.     1. - (1) Any person who uses, causes or permits any dog to hunt any wild mammal shall be guilty of an offence.

    (2) Any person who in the course of hunting uses, causes or permits any dog to enter any structure or place, whether subterranean or not, used or likely to be used by any wild mammal for shelter or protection shall be guilty of an offence.

    (3) Any person who being an owner or occupier of land, causes or permits any person to enter upon or use that land to hunt with a dog any wild mammal shall be guilty of an offence.

    (4) Any person who being the owner or keeper of a dog permits any other person to use, cause or permit that dog to hunt any wild mammal shall be guilty of an offence.

    (5) Any person who owns, uses or controls a pack of dogs for the purposes of hunting shall be guilty of an offence.

Powers of arrest, search and seizure.     2. - (1) A constable may arrest without warrant any person whom he has reasonable grounds for suspecting is about to commit, is committing, or has committed an offence under this Act.

    (2) If a constable suspects with reasonable cause that any person is committing or has committed an offence under this Act the constable may without warrant-

(a) stop and search that person if the constable suspects with reasonable cause that evidence of the commission of the offence is to be found on that person;

(b) search or examine any vehicle, animal or article which that person may have with him if the constable suspects with reasonable cause that evidence of the commission of the offence is to be found on that vehicle, animal or article;

(c) seize and detain for the purpose of proceedings under this Act any vehicle, animal or article which may be evidence of the commission of the offence or may be liable to be forfeited under section 4.

    (3) For the purposes of exercising the powers conferred by subsections (1) and (2) a constable may enter any land including any building not being a dwelling house.

Penalties.     3. - (1) 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 or to imprisonment for a term not exceeding 6 months or both.

    (2) Where an offence under section 1 of this Act is committed in respect of more than one wild mammal the maximum fine which may be imposed under subsection (1) shall be determined as if the person convicted was convicted of a separate offence in respect of each wild mammal.

    (3) Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate is guilty of an offence and liable to be proceeded against and punished accordingly.

    (4) Where the affairs of a body corporate are managed by its members, subsection (3) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

Forfeiture and disqualification orders.     4. - (1) The court by which a person is convicted of an offence under this Act may, in addition to any other penalty-

(a) order the forfeiture of any vehicle, animal or article which was used in connection with the commission of the offence or which was capable of being so used and which was found in his possession; and

(b) disqualify the offender, for such period as it thinks fit, from having custody of a dog and make such other orders with respect to the disposal of the dog as the court thinks fit under the circumstances.

    (2) Where the court makes an order under subsection (1)(b) above, it may-

(a) appoint a person to undertake the disposal of the dog and require any person having custody of the dog to deliver it up for that purpose; and

(b) order the offender to pay such sum as the court may determine to be reasonable expenses of disposing of the dog and of keeping it pending its disposal.

    (3) A person who-

(a) has custody of a dog in contravention of an order under subsection (1)(b); or

(b) fails to comply with a requirement imposed on him under subsection (2);

shall be guilty of an offence.

    (4) Where an order is made under subsection (1)(b) in relation to a dog owned by a person other than the offender the owner may appeal to the Crown Court or, in Scotland, the High Court of Justiciary, against the order.

    (5) A person who is disqualified from having custody of a dog by virtue of an order made under subsection (1)(b) may, at any time after the end of the period of one year beginning with the date of the order, apply to the court which made the order (or, in England and Wales, any magistrates' court in the same petty sessional area) for a direction terminating the disqualification from such date as the court considers appropriate.

    (6) On an application under subsection (5) the court may-

(a) having regard to the applicant's character, his conduct since the disqualification was imposed and any other circumstances of the case, grant or refuse the application; and

(b) order the applicant to pay all or any part of the costs of the application;

and where an application in respect of an order is refused no further application in respect of that order shall be entertained if made before the end of the period of one year beginning with the date of the refusal.

Meaning of "hunt".     5. - (1) In this Act "hunt" means intentionally to course, search for, chase, pursue, harry, bait, attack, injure, or kill any wild mammal (whether or not injury or death is caused by a dog) and "hunting" shall be construed accordingly.

    (2) The definition in subsection (1) does not extend to-

(a) an owner or occupier of land using, causing or permitting any dog to hunt any wild rabbit or wild rodent on that land;

(b) the defence of any person or captive or domestic animal under immediate attack by a wild mammal;

(c) the flushing out of a wild mammal from cover on or above ground to be immediately and lawfully shot for the purpose of the necessary management and control of the wild mammal or wild mammals of that species;

(d) the use by a person of a single dog under his close control to track, locate or retrieve any wild mammal which is seriously disabled as a result of either-

(i) any lawful activity, or

(ii) any unlawful activity to which he was not a party the burden of proof of which shall lie upon him, provided there is no reasonable alternative and he intends to relieve the suffering of the wild mammal; or

(e) a draghunt in the course of which a dog inadvertently chases, attacks, injures or kills a wild mammal provided that the draghunt is registered with a body whose objects and rules expressly forbid its members from using dogs for any purpose other than a draghunt.

Interpretation.     6. In this Act-

"captive animals" and "domestic animals" have the meaning given in the Protection of Animals Act 1911;

"draghunt" means a pursuit in which a person or persons together with a pack of dogs follows a man made or man laid scent and which does not involve the hunting of a wild mammal;

"occupier" includes any person who has control of land or is the agent of any such person;

"owner" means any person who has an interest in land including a licensee or the agent of any such person but does not include-

(a) a mortgagee not in possession; or

(b) in relation to land in Scotland, a creditor in a heritable security not in possession of the security subjects;

"pack of dogs" means two or more dogs hired owned or controlled for the purposes of a draghunt or for hunting wild mammals other than wild rabbits and wild rodents; and

"wild mammal" means any mammal which is living free or is feral or which has been released or escaped from captivity.

Citation, consequential amendments, repeals, commencement and extent.     7. - (1) This Act may be cited as the Wild Mammals (Hunting with Dogs) Act 1998.

    (2) The enactments specified in Schedule 1 to this Act shall have effect subject to the amendments specified in that Schedule being amendments consequential on the provisions of this Act and the enactments specified in Schedule 2 are repealed to the extent specified in the third column of that Schedule.

    (3) This Act shall come into force with the expiration of the period of two months beginning with its passing.

    (4) This Act extends to Northern Ireland.

© Parliamentary copyright 1997
Prepared 12 November 1997

Wild Mammals (Hunting with Dogs) Bill

	A B I L L TO Make provision for the protection of wild mammals from being pursued, killed or injured by the use of dogs; and for connected purposes. BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons in this present Parliament assembled, and by the authority of the same, as follows:-
Offences.	1. - (1) Any person who uses, causes or permits any dog to hunt any wild mammal shall be guilty of an offence.
	(2) Any person who in the course of hunting uses, causes or permits any dog to enter any structure or place, whether subterranean or not, used or likely to be used by any wild mammal for shelter or protection shall be guilty of an offence.
	(3) Any person who being an owner or occupier of land, causes or permits any person to enter upon or use that land to hunt with a dog any wild mammal shall be guilty of an offence.
	(4) Any person who being the owner or keeper of a dog permits any other person to use, cause or permit that dog to hunt any wild mammal shall be guilty of an offence.
	(5) Any person who owns, uses or controls a pack of dogs for the purposes of hunting shall be guilty of an offence.
Powers of arrest, search and seizure.	2. - (1) A constable may arrest without warrant any person whom he has reasonable grounds for suspecting is about to commit, is committing, or has committed an offence under this Act.
	(2) If a constable suspects with reasonable cause that any person is committing or has committed an offence under this Act the constable may without warrant-
	(a) stop and search that person if the constable suspects with reasonable cause that evidence of the commission of the offence is to be found on that person;
	(b) search or examine any vehicle, animal or article which that person may have with him if the constable suspects with reasonable cause that evidence of the commission of the offence is to be found on that vehicle, animal or article;
	(c) seize and detain for the purpose of proceedings under this Act any vehicle, animal or article which may be evidence of the commission of the offence or may be liable to be forfeited under section 4.
	(3) For the purposes of exercising the powers conferred by subsections (1) and (2) a constable may enter any land including any building not being a dwelling house.
Penalties.	3. - (1) 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 or to imprisonment for a term not exceeding 6 months or both.
	(2) Where an offence under section 1 of this Act is committed in respect of more than one wild mammal the maximum fine which may be imposed under subsection (1) shall be determined as if the person convicted was convicted of a separate offence in respect of each wild mammal.
	(3) Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate is guilty of an offence and liable to be proceeded against and punished accordingly.
	(4) Where the affairs of a body corporate are managed by its members, subsection (3) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
Forfeiture and disqualification orders.	4. - (1) The court by which a person is convicted of an offence under this Act may, in addition to any other penalty-
	(a) order the forfeiture of any vehicle, animal or article which was used in connection with the commission of the offence or which was capable of being so used and which was found in his possession; and
	(b) disqualify the offender, for such period as it thinks fit, from having custody of a dog and make such other orders with respect to the disposal of the dog as the court thinks fit under the circumstances.
	(2) Where the court makes an order under subsection (1)(b) above, it may-
	(a) appoint a person to undertake the disposal of the dog and require any person having custody of the dog to deliver it up for that purpose; and
	(b) order the offender to pay such sum as the court may determine to be reasonable expenses of disposing of the dog and of keeping it pending its disposal.
	(3) A person who-
	(a) has custody of a dog in contravention of an order under subsection (1)(b); or
	(b) fails to comply with a requirement imposed on him under subsection (2);
	shall be guilty of an offence.
	(4) Where an order is made under subsection (1)(b) in relation to a dog owned by a person other than the offender the owner may appeal to the Crown Court or, in Scotland, the High Court of Justiciary, against the order.
	(5) A person who is disqualified from having custody of a dog by virtue of an order made under subsection (1)(b) may, at any time after the end of the period of one year beginning with the date of the order, apply to the court which made the order (or, in England and Wales, any magistrates' court in the same petty sessional area) for a direction terminating the disqualification from such date as the court considers appropriate.
	(6) On an application under subsection (5) the court may-
	(a) having regard to the applicant's character, his conduct since the disqualification was imposed and any other circumstances of the case, grant or refuse the application; and
	(b) order the applicant to pay all or any part of the costs of the application;
	and where an application in respect of an order is refused no further application in respect of that order shall be entertained if made before the end of the period of one year beginning with the date of the refusal.
Meaning of "hunt".	5. - (1) In this Act "hunt" means intentionally to course, search for, chase, pursue, harry, bait, attack, injure, or kill any wild mammal (whether or not injury or death is caused by a dog) and "hunting" shall be construed accordingly.
	(2) The definition in subsection (1) does not extend to-
	(a) an owner or occupier of land using, causing or permitting any dog to hunt any wild rabbit or wild rodent on that land;
	(b) the defence of any person or captive or domestic animal under immediate attack by a wild mammal;
	(c) the flushing out of a wild mammal from cover on or above ground to be immediately and lawfully shot for the purpose of the necessary management and control of the wild mammal or wild mammals of that species;
	(d) the use by a person of a single dog under his close control to track, locate or retrieve any wild mammal which is seriously disabled as a result of either-
	(i) any lawful activity, or
	(ii) any unlawful activity to which he was not a party the burden of proof of which shall lie upon him, provided there is no reasonable alternative and he intends to relieve the suffering of the wild mammal; or
	(e) a draghunt in the course of which a dog inadvertently chases, attacks, injures or kills a wild mammal provided that the draghunt is registered with a body whose objects and rules expressly forbid its members from using dogs for any purpose other than a draghunt.
Interpretation.	6. In this Act-
	"captive animals" and "domestic animals" have the meaning given in the Protection of Animals Act 1911;
	"draghunt" means a pursuit in which a person or persons together with a pack of dogs follows a man made or man laid scent and which does not involve the hunting of a wild mammal;
	"occupier" includes any person who has control of land or is the agent of any such person;
	"owner" means any person who has an interest in land including a licensee or the agent of any such person but does not include-
	(a) a mortgagee not in possession; or
	(b) in relation to land in Scotland, a creditor in a heritable security not in possession of the security subjects;
	"pack of dogs" means two or more dogs hired owned or controlled for the purposes of a draghunt or for hunting wild mammals other than wild rabbits and wild rodents; and
	"wild mammal" means any mammal which is living free or is feral or which has been released or escaped from captivity.
Citation, consequential amendments, repeals, commencement and extent.	7. - (1) This Act may be cited as the Wild Mammals (Hunting with Dogs) Act 1998.
	(2) The enactments specified in Schedule 1 to this Act shall have effect subject to the amendments specified in that Schedule being amendments consequential on the provisions of this Act and the enactments specified in Schedule 2 are repealed to the extent specified in the third column of that Schedule.
	(3) This Act shall come into force with the expiration of the period of two months beginning with its passing.
	(4) This Act extends to Northern Ireland.