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
[AS AMENDED IN STANDING COMMITTEE C]
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:-

Prohibition of hunting, &c.

Prohibition of hunting, &c.     1. - (1) A person commits an offence if he hunts a wild mammal with a dog.

    (2) An owner or occupier of land commits an offence if he permits another person to enter or use that land to hunt in contravention of subsection (1).

    (3) The owner or keeper of a dog commits an offence if he permits another person to use the dog to hunt in contravention of subsection (1).

    (4) It is an offence to own or keep two or more dogs for the purposes of their being used to hunt in contravention of subsection (1).

    (5) In this Act a reference to hunting a wild mammal includes a reference to searching for or coursing a wild mammal.

Exceptions from the prohibition of hunting

Rabbits and rodents.     2. A person does not commit an offence under section 1(1) if he hunts rabbits or rodents-

(a) on land which he owns or occupies, or

(b) partly on land which he owns or occupies and partly on neighbouring land, or

(c) at the request of the owner or occupier of the land where the hunting takes place.

Stalking, and flushing from cover.     3. - (1) A person does not commit an offence under section 1(1) if he uses a dog to stalk a wild mammal, or to flush it from cover, for the purpose-

(a) of obtaining food for human consumption, or

(b) of controlling the number of a particular species in a particular area, in order to safeguard the welfare of that species in that area, or

(c) of protecting sheep or other livestock, fowl or game birds from attack by wild mammals.

    (2) Subsection (1) applies to a person only if he takes reasonable steps to ensure that the wild mammal is shot as soon as possible after it is located or emerges from cover.

    (3) In this section "cover" does not include cover below ground level.

Retrieval of game.     4. - (1) A person does not commit an offence under section 1(1) if he uses a dog to retrieve game which has been shot.

    (2) In this section "game" means hares and rabbits.

Escaped animals.     5. - (1) A person does not commit an offence under section 1(1) if he uses a dog to hunt an animal which has escaped from captivity.

    (2) Subsection (1) applies to a person only if he takes reasonable steps to ensure that the animal is recaptured or shot once it has been located.

    (3) Subsection (1) does not apply to the hunting of foxes or hares.

    (4) Subsection (1) does not apply to the hunting of any deer, boar or mink, unless it has escaped from a zoo or farm.

Injured animals.     6. - (1) A person does not commit an offence under section 1(1) if he uses a dog to search for a wild mammal which he believes to be serioulsy injured, for the purpose of relieving its suffering.

    (2) Subsection (1) applies to a person only if he takes reasonable steps to ensure that the wild mammal is treated, captured or shot once it has been located.

Power to alter exceptions.     7. - (1) The Secretary of State may by order amend this Act so as to remove, amend or add exceptions to section 1(1).

    (2) An order under subsection (1)-

(a) shall be made by statutory instrument, and

(b) shall not be made unless a draft has been laid before, and approved by, each House of Parliament.

Penalties, &c.

Powers of arrest, search and seizure.     8. - (1) If a constable suspects with reasonable cause that a person is about to commit, is committing or has committed an offence under this Act, he may arrest that person without warrant.

    (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 appears to the constable to belong to that person, or to be in his possession or under his control, if the constable suspects with reasonable cause that evidence of the commission of the offence is to be found in or 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 made the subject of an order under section 10(a) or 12(1) or under Part II of the Proceeds of Crime (Scotland) Act 1995.

    (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.     9. - (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 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.

    (3) Where the affairs of a body corporate are managed by its members, subsection (2) 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.

    (4) Where an offence under this Act has been committed by a Scottish partnership and the contravention in question is proved to have occurred with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Forfeiture and disqualification orders.     10. 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 article which-

(i) was used in the commission of the offence, or

(ii) is designed to be used for the purpose of hunting and was found in the possession of the convicted person at the time when he was arrested; and

(b) disqualify the offender, for such period as it thinks fit, from having custody of any dog of a kind described in an order of the court.

Forfeiture: supplementary.     11. - (1) This section applies where an order has been made under section 10(a) for forfeiture of an article.

    (2) The order shall deprive the person convicted of his rights, if any, in the article; and the article shall be taken into, or remain in, the possession of the police.

    (3) If a person, other than the person convicted, applies to the court which made the order, or to a magistrates' court in the same petty sessional area, the court may order the article to be delivered to that person if he appears to the court to be its owner.

    (4) The court shall not make an order under subsection (3) unless it is satisfied that the applicant-

(a) had not consented to the person convicted having possession of the article, or

(b) did not know, and had no reason to suspect, that the article was likely to be used for the purpose of hunting in contravention of section 1(1).

    (5) No application shall be made under subsection (3) after the expiry of the period of six months starting with the date on which the order was made.

    (6) An order under subsection (3) shall not affect the right of any person to take proceedings for the recovery of the article within the period of six months starting with the date on which the order under section 10(a) was made; but that right shall cease on the expiry of that period.

    (7) If, on the expiry of the period of six months starting with the date of the order, the article has not been ordered to be delivered up in accordance with subsection (3) or (6), it shall be destroyed as soon as possible.

Section 14(2).     12. - (1) Where the court makes an order under section 10(b) it may make such order as it thinks fit in respect of any dog-

(a) which was in the offender's custody when the offence was committed, or

(b) which has been in his custody at any time since then.

    (2) An order made in respect of a dog under subsection (1) may, in particular-

(a) require any person who has custody of the dog to deliver it up to a specified person;

(b) require the offender to pay specified amounts to specified persons for the care of the dog from the time when it is delivered up under paragraph (a) or, as the case may be, from the time when it was detained under section 8(2)(c), until permanent arrangements are made for its care or disposal.

    (3) A person who-

(a) has custody of a dog in contravention of an order under section 10(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) in respect of a dog owned by a person other than the offender the owner may, within the period of seven days starting with the date of the order, 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 section 10(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, 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 where an application in respect of a disqualification is refused no further application in respect of that disqualification shall be entertained if made before the end of the period of one year beginning with the date of the refusal.

General

Section 14(2).     13. In this Act-

"occupier" includes any person who has control of land;

"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; and

"wild mammal" includes a wild mammal which has escaped, or been released, from captivity, and any mammal which is living wild.

Citation, consequential amendments, repeals, commencement and extent.     14. - (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) Sections 10(a) and 11 do not extend to Scotland.

    (5) This Act extends to Northern Ireland.

© Parliamentary copyright 1998
Prepared 26 February 1998

Wild Mammals (Hunting with Dogs) Bill

	A B I L L [AS AMENDED IN STANDING COMMITTEE C] 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:-
	Prohibition of hunting, &c.
Prohibition of hunting, &c.	1. - (1) A person commits an offence if he hunts a wild mammal with a dog.
	(2) An owner or occupier of land commits an offence if he permits another person to enter or use that land to hunt in contravention of subsection (1).
	(3) The owner or keeper of a dog commits an offence if he permits another person to use the dog to hunt in contravention of subsection (1).
	(4) It is an offence to own or keep two or more dogs for the purposes of their being used to hunt in contravention of subsection (1).
	(5) In this Act a reference to hunting a wild mammal includes a reference to searching for or coursing a wild mammal.
	Exceptions from the prohibition of hunting
Rabbits and rodents.	2. A person does not commit an offence under section 1(1) if he hunts rabbits or rodents-
	(a) on land which he owns or occupies, or
	(b) partly on land which he owns or occupies and partly on neighbouring land, or
	(c) at the request of the owner or occupier of the land where the hunting takes place.
Stalking, and flushing from cover.	3. - (1) A person does not commit an offence under section 1(1) if he uses a dog to stalk a wild mammal, or to flush it from cover, for the purpose-
	(a) of obtaining food for human consumption, or
	(b) of controlling the number of a particular species in a particular area, in order to safeguard the welfare of that species in that area, or
	(c) of protecting sheep or other livestock, fowl or game birds from attack by wild mammals.
	(2) Subsection (1) applies to a person only if he takes reasonable steps to ensure that the wild mammal is shot as soon as possible after it is located or emerges from cover.
	(3) In this section "cover" does not include cover below ground level.
Retrieval of game.	4. - (1) A person does not commit an offence under section 1(1) if he uses a dog to retrieve game which has been shot.
	(2) In this section "game" means hares and rabbits.
Escaped animals.	5. - (1) A person does not commit an offence under section 1(1) if he uses a dog to hunt an animal which has escaped from captivity.
	(2) Subsection (1) applies to a person only if he takes reasonable steps to ensure that the animal is recaptured or shot once it has been located.
	(3) Subsection (1) does not apply to the hunting of foxes or hares.
	(4) Subsection (1) does not apply to the hunting of any deer, boar or mink, unless it has escaped from a zoo or farm.
Injured animals.	6. - (1) A person does not commit an offence under section 1(1) if he uses a dog to search for a wild mammal which he believes to be serioulsy injured, for the purpose of relieving its suffering.
	(2) Subsection (1) applies to a person only if he takes reasonable steps to ensure that the wild mammal is treated, captured or shot once it has been located.
Power to alter exceptions.	7. - (1) The Secretary of State may by order amend this Act so as to remove, amend or add exceptions to section 1(1).
	(2) An order under subsection (1)-
	(a) shall be made by statutory instrument, and
	(b) shall not be made unless a draft has been laid before, and approved by, each House of Parliament.
	Penalties, &c.
Powers of arrest, search and seizure.	8. - (1) If a constable suspects with reasonable cause that a person is about to commit, is committing or has committed an offence under this Act, he may arrest that person without warrant.
	(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 appears to the constable to belong to that person, or to be in his possession or under his control, if the constable suspects with reasonable cause that evidence of the commission of the offence is to be found in or 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 made the subject of an order under section 10(a) or 12(1) or under Part II of the Proceeds of Crime (Scotland) Act 1995.
	(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.	9. - (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 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.
	(3) Where the affairs of a body corporate are managed by its members, subsection (2) 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.
	(4) Where an offence under this Act has been committed by a Scottish partnership and the contravention in question is proved to have occurred with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Forfeiture and disqualification orders.	10. 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 article which-
	(i) was used in the commission of the offence, or
	(ii) is designed to be used for the purpose of hunting and was found in the possession of the convicted person at the time when he was arrested; and
	(b) disqualify the offender, for such period as it thinks fit, from having custody of any dog of a kind described in an order of the court.
Forfeiture: supplementary.	11. - (1) This section applies where an order has been made under section 10(a) for forfeiture of an article.
	(2) The order shall deprive the person convicted of his rights, if any, in the article; and the article shall be taken into, or remain in, the possession of the police.
	(3) If a person, other than the person convicted, applies to the court which made the order, or to a magistrates' court in the same petty sessional area, the court may order the article to be delivered to that person if he appears to the court to be its owner.
	(4) The court shall not make an order under subsection (3) unless it is satisfied that the applicant-
	(a) had not consented to the person convicted having possession of the article, or
	(b) did not know, and had no reason to suspect, that the article was likely to be used for the purpose of hunting in contravention of section 1(1).
	(5) No application shall be made under subsection (3) after the expiry of the period of six months starting with the date on which the order was made.
	(6) An order under subsection (3) shall not affect the right of any person to take proceedings for the recovery of the article within the period of six months starting with the date on which the order under section 10(a) was made; but that right shall cease on the expiry of that period.
	(7) If, on the expiry of the period of six months starting with the date of the order, the article has not been ordered to be delivered up in accordance with subsection (3) or (6), it shall be destroyed as soon as possible.
Section 14(2).	12. - (1) Where the court makes an order under section 10(b) it may make such order as it thinks fit in respect of any dog-
	(a) which was in the offender's custody when the offence was committed, or
	(b) which has been in his custody at any time since then.
	(2) An order made in respect of a dog under subsection (1) may, in particular-
	(a) require any person who has custody of the dog to deliver it up to a specified person;
	(b) require the offender to pay specified amounts to specified persons for the care of the dog from the time when it is delivered up under paragraph (a) or, as the case may be, from the time when it was detained under section 8(2)(c), until permanent arrangements are made for its care or disposal.
	(3) A person who-
	(a) has custody of a dog in contravention of an order under section 10(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) in respect of a dog owned by a person other than the offender the owner may, within the period of seven days starting with the date of the order, 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 section 10(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, 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 where an application in respect of a disqualification is refused no further application in respect of that disqualification shall be entertained if made before the end of the period of one year beginning with the date of the refusal.
	General
Section 14(2).	13. In this Act-
	"occupier" includes any person who has control of land;
	"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; and
	"wild mammal" includes a wild mammal which has escaped, or been released, from captivity, and any mammal which is living wild.
Citation, consequential amendments, repeals, commencement and extent.	14. - (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) Sections 10(a) and 11 do not extend to Scotland.
	(5) This Act extends to Northern Ireland.