flagship

Aug 11 2008, 05:34 PM

I posted a description on another thread saying how my Patterdale pokes his head down holes and bays and digs when he senses an animal in the ground. Borderdawn posted a reply saying that this was illegal and there was a possibility of a conviction and confiscation of my dog.

Obviously, this has caused me some concern as I am not hunting and have no intention of catching anything - it is merely my dog displaying his terrier characteristics which are inate in him. He has never been trained to hunt and has never killed anything - in fact he is too big to get into holes, but he does like to investigate.

I have read the Hunting Act and a few Parliamentary Papers and I would suspect that it would be very difficult for a dog owner to be convicted because his dog goes into a hole.

The first paragraph of the 'Offences' section states that 'A person commits an offence if he hunts a wild animal with a dog'.

The definition of hunting as outlined in paragraph 63 (d) (i) ' A person is hunting if he participates in the persuit of a wild animal'.

Taking your dog for a walk cannot be construed as hunting or can it?

It would be very difficult to prove that a person was hunting unless he had the paraphernalia associated with hunting. After all, most dogs chase wild animals without the instruction or direction of their owners. They rarely catch them unless the hunter has the intention of killing the animal when flushed or chased by a dog.

Can you be convicted for letting your dog do what comes naturally? Has anyone been cautioned?
Has anyone got any thoughts?