Shooting UK

From guns and gundogs to the latest shooting news; the complete online network for the British shooting community.

Hunts are now innocent until proven guilty

Hunts are now innocent until proven guilty

Tony Wright’s victory means that the burden will be on the prosecution to prove that someone was hunting illegally.


By Selena Masson

Thursday, 12 February 2009

What does the recent High Court ruling on the Hunting Act mean for shooting?

Pro-hunting groups claim that a recent High Court ruling on the definitions contained in the controversial 2004 Hunting Act will make it harder to prosecute huntsmen.

They also claimed that it is less likely that shooters will be caught out by the Act’s complicated hunting exemptions. On 4 February, the High Court rejected an appeal by the Crown Prosecution Service against a judgement that acquitted the first huntsman prosecuted under the Act, Tony Wright.

In November 2007, he had his conviction overturned after arguing that farmers had asked the Exmoor hunt to kill foxes to reduce losses during the lambing season and that he had legally used two hounds to find the fox and a shotgun to kill it.

Two High Court judges were asked to clarify the definition of hunting. The judges ruled that the law banning hunting did not include “searching” for wild animals to flush them out.

This means there can only be a prosecution where there is an actual pursuit of a wild mammal. The judges also said it was for prosecutors to prove to the criminal standard that the defendant was not covered by exemptions.

The Countryside Alliance’s Tim Bonner explained what this means for shooters:
“In practical terms the ruling makes it much less likely that people using the terrier work exemption to shoot foxes in order to protect gamebirds will face prosecution. The exemption has a series of complicated conditions and if the court had ruled the other way the burden would have been on the individual carrying out the terrier work to prove he had fulfilled those conditions. Tony Wright’s victory means that the burden will be on the prosecution to prove that someone was hunting illegally.”

Mr Bonner added: “Repeal of the Hunting Act is becoming a probability rather
than a possibility and victory on hunting will protect shooting for a generation.”



What is YOUR opinion?

Join other ST readers in our forums to discuss your views.



Like this article? Mark this page on a social bookmarking website...



What are social bookmarking sites?


CompPrevious
New Deer Branch for National Gamekeepers’ Organisation

New Deer Branch for National Gamekeepers’ Organisation

Modelled on the existing NGO Moorland Branch, the ...

CompNext
Deer stalkers alarmed at compulsory training proposals

Deer stalkers alarmed at compulsory training proposals

Scottish shooting organisations have condemned con...


Guns

Ruger M77 Mk2 rifle review

Ruger M77 Mk2 rifle review

Ruger M77 Mk2 rifle review: The Ruger M77 rifle has withstood the test... Read more


More in Guns...


Sporting Answers

Can you give me some information on capercaillie?

Missing property

I recently saw mention of an Iberian capercaillie in an article and, t... Read more


More in Sporting Answers...


News

Scotland's new gamebird code

Scotland's new gamebird code

The GFA asks for consistency in any future gamebird code north... Read more


More in News...



Comments

Shooting Times Magazine

What's in this issue?

Don't miss our partridge and duck special in this week's Shooting Times (on sale Wednesday 1st September).
Plus, how to save money on feed on your shoot and as his Labrador nears the end of her pregnancy, Tony Jackson gets ready for the new arrivals. For all this and much more get down to your newsagents today!

Subscribe to magazine

Save up to 30% on a subscription to Shooting Times & Country Magazine, subscribe today!


Latest articles

BASC submits evidence to Parliament

BASC submits evidence to Parliament

After submitting written recommendations to the HASC, BASC see... Read more


Firearms control: deadline for submissions extended

Firearms control: deadline for submissions extended

Shooting community crashes Westminster computers as deadline for firea... Read more


More in Latest articles...


Subscribe to Shooting Times

Shooting Gazette Magazine

Save up to 30% on a subscription to Shooting Times & Country Magazine, subscribe today!