Wick Sheriff Court recently saw Scotland’s very first conviction under the Hunting with Dogs (Scotland) Act 2023, which came into force in 2023.
Mr N Chenier admitted to using his dog for hare coursing in Wick during March 2024. His dog was seen chasing a deer, which had a broken leg, and eventually bringing it to the ground, biting its legs and neck. Although witnesses stepped in to prevent the dog from causing any more damage to the injured deer, it was already badly injured and Mr Chenier used a knife to kill it. Even though attacking the deer was not the original intention, the Crown Office and Procurator Fiscal Service stated that this incident shows that “using dogs to hunt wildlife can have additional serious and unforeseen consequences”.
So, what are the rules around hunting with dogs?
The 2023 Act repealed and replaced the Protection of Wild Mammals (Scotland) Act 2002.
It makes it an offence for someone to hunt a wild mammal using a dog; “hunting” also includes searching for wild mammals and coursing. It is also an offence to engage in trail hunting, which means any activity where a dog is directed to find and follow an animal-based scent laid for that purpose. You could be imprisoned for up to five years and/or given an uncapped fine, depending on the charge (on Summary Complaint or Indictment).
The owner or occupier of land is committing an offence if they knowingly permit the hunting of a wild mammal or trail hunting on their land – such offences could result in a jail sentence of up to a year and/or a fine of up to £40,000.
And the same penalties would be faced by the owner or person responsible for a dog convicted of knowingly permitting the hunting of a wild mammal or trail hunting using that dog.
If someone knowingly makes a false statement to obtain a licence for themself, or another, to hunt with dogs, that’s also an offence and could lead to a prison sentence of up to six months and/or a fine of up to £10,000.
The Courts can also remove any dog or horse used in an offence from their owner and ban an offender from owning a dog.
Any exemptions?
The rules do not extend to include hunting rats or mice.
Exceptions also apply in various scenarios, including where someone is using a dog to locate a wild mammal above ground, or a fox below ground, with the intention to: kill it to prevent serious damage to livestock or crops, prevent the spread of disease, protect human health, or other reasons.
Any dog used must be under control and reasonable steps should be taken to ensure, among other things: the dog’s safety; that the wild mammal being searched for is shot dead or killed by a bird of prey as soon as reasonably possible; and if the wild mammal is injured as a result then reasonable steps should be taken to kill it in a way that causes minimal suffering. The dog cannot be used to kill the mammal.
Defences
The 2023 Act provides defences for those charged for allowing others to use their land or dog for an offence: the land or dog owner can show that they reasonably believed one of the above exceptions applied to the hunting.
Licences
You can apply for a licence to use more than two dogs and undertake the activities which would otherwise be deemed an offence under the Act. The licence application is a strict process.
If you believe you may be charged with one of these offences, seek legal advice to help you in your defence of any charge. A lawyer will also help you to apply for a licence to ensure you are not breaching the Hunting with Dogs (Scotland) Act 2023.
