The Hunting Act

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The Hunting Act
Topic Started: Aug 11 2008, 05:34 PM (136 Views)
flagship	Aug 11 2008, 05:34 PM Post #1
Squeaker Posts: 36 Group: Full Members Member #691 Joined: June 15, 2008	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?



roo roo	Aug 11 2008, 07:03 PM Post #2
Total Gas Bag! Posts: 2,682 Group: Full Members Member #479 Joined: June 8, 2007	i think any decent solicitor worth his salt could drive a coach and horses through the hunting act. ;)



RJL	Aug 13 2008, 01:34 AM Post #3
Chatterbox Posts: 1,381 Group: Full Members Member #179 Joined: January 25, 2006	There are solicitors who specialise in cases like these. They sometimes advertise in Countrymans Weekly. If your dog is prone to exploring earths, you might consider joining your local branch of the Fell and Moorland Terrier Club. I'm not sure if they do it now, but they used to provide a rescue service if your dog became stuck underground.



BorderDawn	Aug 13 2008, 12:48 PM Post #4
Moderator Posts: 1,900 Group: Moderators Member #36 Joined: January 12, 2005	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? Bottom line is, YES you can be construed as "hunting" with your Dog by allowing him to persue wild animals covered in the act. Point being, you have to prove that you did not intend your dog to hunt at all, and it was all an accident. unfortunatley, as much as the law is an ass, a few "innocent" people have had real difficulty in proving they were not out to catch anything, depending on the circumstances, my advice to anyone would be, keep your dogs on a lead where they can come into contact with such creatures, for your own and your dogs safety. :)



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