Diritti di caccia ed accessi, varie informazioni
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Part 1
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Offences
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1 Hunting wild mammals with dogs
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A person commits an offence if he hunts a wild mammal with a dog, unless his
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hunting is exempt.
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2 Exempt hunting
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(1) Hunting is exempt if it is within a class specified in Schedule 1.
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(2) The Secretary of State may by order amend Schedule 1 so as to vary a class of
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exempt hunting.
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3 Hunting: assistance
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(1) A person commits an offence if he knowingly permits land which belongs to
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him to be entered or used in the course of the commission of an offence under
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section 1.
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(2) A person commits an offence if he knowingly permits a dog which belongs to
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him to be used in the course of the commission of an offence under section 1.
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4 Hunting: defence
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It is a defence for a person charged with an offence under section 1 in respect
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of hunting to show that he reasonably believed that the hunting was exempt.
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5 Hare coursing
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(1) A person commits an offence if he—
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(a) participates in a hare coursing event,
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(b) attends a hare coursing event,
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(c) knowingly facilitates a hare coursing event, or
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(d) permits land which belongs to him to be used for the purposes of a hare
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coursing event.
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(2) Each of the following persons commits an offence if a dog participates in a hare
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coursing event—
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(a) any person who enters the dog for the event,
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(b) any person who permits the dog to be entered, and
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(c) any person who controls or handles the dog in the course of or for the
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purposes of the event.
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(3) A “hare coursing event” is a competition in which dogs are, by the use of live
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hares, assessed as to skill in hunting hares.
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Part 2
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Enforcement
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6 Penalty
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A person guilty of an offence under this Act shall be liable on summary
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conviction to a fine not exceeding level 5 on the standard scale.
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7 Arrest
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A constable without a warrant may arrest a person whom he reasonably
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suspects—
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(a) to have committed an offence under section 1 or 5(1)(a), (b) or (2),
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(b) to be committing an offence under any of those provisions, or
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(c) to be about to commit an offence under any of those provisions.
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8 Search and seizure
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(1) This section applies where a constable reasonably suspects that a person (“the
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suspect”) is committing or has committed an offence under Part 1 of this Act.
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(2) If the constable reasonably believes that evidence of the offence is likely to be
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found on the suspect, the constable may stop the suspect and search him.
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(3) If the constable reasonably believes that evidence of the offence is likely to be
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found on or in a vehicle, animal or other thing of which the suspect appears to
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be in possession or control, the constable may stop and search the vehicle,
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animal or other thing.
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(4) A constable may seize and detain a vehicle, animal or other thing if he
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reasonably believes that—
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(a) it may be used as evidence in criminal proceedings for an offence under
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Part 1 of this Act, or
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(b) it may be made the subject of an order under section 9.
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(5) For the purposes of exercising a power under this section a constable may
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enter—
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(a) land;
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(b) premises other than a dwelling;
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(c) a vehicle.
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(6) The exercise of a power under this section does not require a warrant.
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9 Forfeiture
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(1) A court which convicts a person of an offence under Part 1 of this Act may
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order the forfeiture of any dog or hunting article which—
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(a) was used in the commission of the offence, or
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(b) was in the possession of the person convicted at the time of his arrest.
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(2) A court which convicts a person of an offence under Part 1 of this Act may
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order the forfeiture of any vehicle which was used in the commission of the
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offence.
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(3) In subsection (1) “hunting article” means anything designed or adapted for use
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in connection with—
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(a) hunting a wild mammal, or
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(b) hare coursing.
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(4) A forfeiture order—
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(a) may include such provision about the treatment of the dog, vehicle or
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article forfeited as the court thinks appropriate, and
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(b) subject to provision made under paragraph (a), shall be treated as
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requiring any person who is in possession of the dog, vehicle or article
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to surrender it to a constable as soon as is reasonably practicable.
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(5) Where a forfeited dog, vehicle or article is retained by or surrendered to a
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constable, the police force of which the constable is a member shall ensure that
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such arrangements are made for its destruction or disposal—
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(a) as are specified in the forfeiture order, or
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(b) where no arrangements are specified in the order, as seem to the police
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force to be appropriate.
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(6) The court which makes a forfeiture order may order the return of the forfeited
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dog, vehicle or article on an application made—
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(a) by a person who claims to have an interest in the dog, vehicle or article
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(other than the person on whose conviction the order was made), and
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(b) before the dog, vehicle or article has been destroyed or finally disposed
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of under subsection (5).
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(7) A person commits an offence if he fails to—
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(a) comply with a forfeiture order, or
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(b) co-operate with a step taken for the purpose of giving effect to a
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forfeiture order.
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10 Offence by body corporate
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(1) This section applies where an offence under this Act is committed by a body
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corporate with the consent or connivance of an officer of the body.
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(2) The officer, as well as the body, shall be guilty of the offence.
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(3) In subsection (1) a reference to an officer of a body corporate includes a
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reference to—
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(a) a director, manager or secretary,
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(b) a person purporting to act as a director, manager or secretary, and
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(c) if the affairs of the body are managed by its members, a member.
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Part 3
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General
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11 Interpretation
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(1) In this Act “wild mammal” includes, in particular—
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(a) a wild mammal which has been bred or tamed for any purpose,
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(b) a wild mammal which is in captivity or confinement,
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(c) a wild mammal which has escaped or been released from captivity or
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confinement, and
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(d) any mammal which is living wild.
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(2) For the purposes of this Act a reference to a person hunting a wild mammal
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with a dog includes, in particular, any case where—
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(a) a person engages or participates in the pursuit of a wild mammal, and
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(b) one or more dogs are employed in that pursuit (whether or not by him
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and whether or not under his control or direction).
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(3) For the purposes of this Act land belongs to a person if he—
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(a) owns an interest in it,
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(b) manages or controls it, or
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(c) occupies it.
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(4) For the purposes of this Act a dog belongs to a person if he—
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(a) owns it,
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(b) is in charge of it, or
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(c) has control of it.
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12 Crown application
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This Act—
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(a) binds the Crown, and
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(b) applies to anything done on or in respect of land irrespective of
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whether it belongs to or is used for the purposes of the Crown or a
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Duchy.
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13 Amendments and repeals
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(1) Schedule 2 (consequential amendments) shall have effect.
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(2) The enactments listed in Schedule 3 are hereby repealed to the extent specified.
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14 Subordinate legislation
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An order of the Secretary of State under this Act—
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(a) shall be made by statutory instrument,
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(b) may not be made unless a draft has been laid before and approved by
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resolution of each House of Parliament,
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(c) may make provision which applies generally or only in specified
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circumstances or for specified purposes,
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(d) may make different provision for different circumstances or purposes,
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and
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(e) may make transitional, consequential and incidental provision.
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15 Commencement
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This Act shall come into force at the end of the period of three months
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beginning with the date on which it is passed.
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16 Short title
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This Act may be cited as the Hunting Act 2004.
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17 Extent
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This Act shall extend only to England and Wales.
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