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POWA Suggested Hunting Bill.pdf Size : 292.859 Kb Type : pdf |
PROTECT OUR WILD ANIMALS' SUGGESTED LEGISLATION FOR STRENGTHENING THE BAN ON HUNTING
In November 2025 we personally handed this document to Emma Reynolds, head of DEFRA, during a very successful meeting when we discussed our experiences of monitoring fox hunts and the many reasons the hunting law desperately needs strengthening.
Hunting Bill
CONTENTS
Part 1 – Offences
1. Intentional hunting
2. Trail hunting
3. Cub hunting
4. Going equipped for hunting, etc.
5. Releasing or flushing a wild mammal, or killing below ground
6. Failing to prevent hunting
7. Hunting assistance
8. Holloaing
9. Hare coursing
Part 2 – Enforcement
10. Penalties
11. Disqualification order
12. Seizure of animals in connection with disqualification
13. Termination of disqualification order
14. Deprivation order
15. Forfeiture of equipment used in offence
16. Police Powers
17. Offence by Body Corporate
Part 3 – General
18. Interpretation
19. Power of local authority to prosecute offences
20. Crown application
21. Repeals and amendments
22. Subordinate legislation
23. Short title, commencement and extent
Schedule 1 – Relevant governing bodies
Part 1
Part 2
Introductory Text
An Act to prohibit the hunting of wild mammals with a dog, trail hunting, and hare coursing; and for
connected purposes.
Part 1 – Offences
1. Intentional hunting
A person commits an offence if they intentionally hunt a wild mammal with a dog.
2. Trail hunting
(1) A person commits an offence if—
(a) (b) being in charge of a dog, they intend the dog to hunt a scent trail; or
owning or being responsible for a dog, they permit another to use the dog to hunt a
scent trail,
whether or not the dog does in fact hunt the scent trail.
(2) A person commits an offence if, being in charge of a dog, the dog hunts a scent trail, and
they are reckless as to whether the dog hunts a scent trail.
(3) A person commits an offence if they—
(a) (b) lay a scent trail intending that a dog could hunt the scent trail; or
have in their possession a mammal based scent, intending that it could be used to lay
a scent trail by themselves or another.
(4) For the purposes of this section, a “scent trail” is a trail, whether broken or continuous,
of any substance which was laid or caused to be laid by a person, and which—
(a) (b) uses a mammal based scent; or
is designed, by the way it is laid, to mimic the behaviour or movements of a wild
mammal.
3. Cub hunting
(1) A person (A) commits an offence if, without reasonable excuse—
(a) (b) (c) (d) A causes a dog to enter an area of land;
A wild mammal is present in the area of land;
A and another person (B) are positioned or behaving in such a way that a wild
mammal could be discouraged from leaving the area of land; and
A knows, or ought to know, that a wild mammal could be so discouraged.
(2) A person (A) commits an offence if, without reasonable excuse—
(a) (b) (c) (d) a dog is caused to enter an area of land by another person (B);
A wild mammal is present in the area of land;
A and B or another person (C) are positioned or behaving in such a way that a wild
mammal could be discouraged from leaving the area of land; and
A knows, or ought to know, that a wild mammal could be so discouraged.
4. Going equipped for hunting, etc.
(1) A person who is connected to a hunting organisation and acting in that capacity commits
an offence if, not being at their place of abode or the kennels of the hunting
organisation, they have with them any article for the relevant purpose.
(2) A person (‘A’) who is connected to a hunting organisation and acting in that capacity
commits an offence if, not being at their place of abode or the kennels of the hunting
organisation, they are together with another (‘B’), and—
(a) (b) A and B jointly have with them an article for the relevant purpose; or
B has with them an article for the relevant purpose, and A has reason to believe that
B has an article with them for the relevant purpose.
(3) Where a person is charged with an offence under this section, proof of possession of any
of the following articles shall be evidence that a person had it for the relevant purpose,
unless sufficient evidence is adduced to raise an issue as to whether they had it for that
purpose—
(a) a spade or other manual digging implement;
(b) a drain rod or similar flexible pole;
(c) a net;
(d) a mammal based scent;
(e) a GPS locator;
(f) an off-road vehicle; or
(g) a terrier breed or cross-breed dog.
(4) For the purposes of this section, the “relevant purpose” means for use in the course of,
or in connection with, any offence under sections 1 to 3 of this Act.
5. Releasing or flushing a wild mammal, or killing below ground
(1) A person commits an offence if they—
(2) (a) (b) release a wild mammal from captivity in such circumstances that the wild mammal
could be hunted by a dog; and
know that or are reckless as to whether the wild mammal could be hunted by a dog,
whether or not the wild mammal is in fact hunted by a dog.
A person commits an offence if, including by means not involving the use of a dog, they
—
(a) (b) flush a wild mammal, including from cover, a waterway or body of water, or below
ground, in such circumstances that the wild mammal could be hunted by a dog; and
know that or are reckless as to whether the wild mammal could be hunted by a dog,
whether or not the wild mammal is in fact hunted by a dog.
(3) For the purposes of this section, a mammal is “in captivity” if it is under the control of a
person, including on a temporary basis.
(4) Subject to subsection (5), it shall be a defence to a charge of committing an offence
under subsection (1) for a person to prove that it was not reasonably practicable to do
more than was in fact done to avoid committing the offence.
(5) Where the defence provided by subsection (4) involves an allegation that the
commission of the offence was due to the act or default of another person, the person
charged shall not, without leave of the court, be entitled to rely on the defence unless,
within a period ending seven clear days before the hearing, they have served on the
prosecutor a notice giving such information identifying or assisting in the identification of
the other person as was then in their possession.
(6) Subsection (1) does not apply to a person acting behalf of an animal welfare
organisation, unless that organisation is represented by a governing body listed in part 2
of Schedule 1.
6. Failing to prevent hunting
(1) A person commits an offence if, being in charge of a dog, they fail to prevent that dog
from hunting a wild mammal.
(2) It shall be a defence to an offence under this section for a person to prove that it was not
reasonably practicable to do more than was in fact done to prevent the dog from
hunting a wild mammal.
(3) The offence in subsection (1) does not apply to a person acting in their capacity as a
member of an organisation represented by a governing body listed in part 1 of Schedule 1.
7. Hunting assistance
(1) A person (‘A’) commits an offence if, owning or controlling access to an area of land, they
permit another (‘B’) to access that land and, whilst on that land, B commits an offence to
which this section applies.
(2) A person (‘A’) commits an offence if, owning or controlling access to an area of land, they
permit another (‘B’) to access that land—
(a) (b) (c) B permits or encourages another (‘C’) to access or remain on that land;
A knew or ought to have known that B would permit or encourage another to access
or remain on that land; and
C, whilst on that land, commits an offence to which this sec$on applies.
(3) It shall be a defence to an offence under this section for A to prove that—
(a) (b) it was not reasonably practicable to do more than was in fact done to ensure that an
offence would not be committed by B or C; or
they reasonably believed B or C to be acting, at the relevant time, in their capacity as
a member of an organisation represented by a governing body listed in part 1 of
Schedule 1.
(4) This section applies to an offence under any of sections 1 to 6 of this Act.
8. Holloaing
(1) A person commits an offence if they signal by holloaing, handwaving, or otherwise by
action or sound, the positon of a wild mammal which is being or has been:
(a) (b) (c) chased or pursued by a dog;
searched for by a dog to be chased or pursued by a dog; or
flushed, including from cover, a waterway or body of water, or below ground.
9. Hare coursing
(2) A person commits an offence if they—
(d) (e) (f) (g) participate in a hare coursing event;
attend a hare coursing event;
knowingly facilitate a hare coursing event; or
permit land which belongs to them or is under their control to be used for the
purposes of a hare coursing event.
(3) Each of the following persons commits and offence if a dog participates in a hare
coursing event—
(a) any person who enters the dog for the event;
(b) (c) any person who permits the dog to be entered;
any person who controls or handles the dog in the course of or for the purposes of
the event.
(4) A hare coursing event is a competition in which dogs are, by the use of live hares,
assessed as to skill in hunting hares.
Part 2 – Enforcement
10. Penalties
(1) A person guilty of an offence under Part 1 this Act is liable—
(a) (b) on summary conviction, to imprisonment for a term not exceeding 6 months or a
fine not exceeding the statutory maximum or both;
on conviction on indictment, to imprisonment for a term not exceeding 5 years.
(2) A person guilty of an aggravated offence under Part 1 this Act is liable, on conviction on
indictment, to imprisonment for a term not exceeding 5 years.
(3) A person guilty of an offence under sections 11(11) or 12(7) or 14(14) of this Act is liable,
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine
not exceeding the statutory maximum or both.
(4) For the purposes of subsection (2), an offence is an aggravated offence if a wild mammal
is physically injured or killed during, due to, or in connection with the commission of the
offence.
11. Disqualification order
(1) If a person is convicted of an offence under Part 1 of this Act, the court by or before
which they were convicted, in addition to dealing with them in any other way—
(a) (b) shall, if they were convicted of an offence under sections 1, 2, 3, 5, 6 or 9 of this Act,
make an order disqualifying them under subsection (2) for the relevant period; and
may, in all cases, make an order disqualifying them under any of subsections (2) to
(2) (3) (4) (5) (6) (7) (5) for such period as it thinks fit.
Disqualification under this subsection disqualifies a person from
(a) (b) (c) having control of two or more dogs;
assisting another in the control of two or more dogs;
participating in any activity involving an organisation which is represented by a
governing body listed in part 2 of Schedule 1.
Disqualification under this subsection disqualifies a person from—
(a) owning animals;
(b) keeping animals;
(c) participating in the keeping of animals; and
(d) being party to an arrangement under which they are entitled to control or influence
the way in which animals are kept.
Disqualification under this subsection disqualifies a person from dealing in animals.
Disqualification under this subsection disqualifies a person from—
(a) transporting animals; and
(b) arranging for the transport of animals.
A disqualification order made under subsections (3) to (5) may—
(a) (b) (c) (d) be imposed in relation to animals generally;
be imposed in relation to specific animals or breeds;
include or exclude an individual animal; and
be limited to a specific number of animals.
Subject to the relevant period in subsection (10), the court by which an order under this
section is made may specify a period during which the offender may not make an
application under section 13 for termination of the order.
(
The court by which an order under subsection (1) is made may—
(a) (b) suspend the operation of the order pending an appeal; and
where it appears to the court that the offender owns or keeps an animal to which
the order applies, suspend the operation of the order, and of any order made under
section 12 in connection with the disqualification, for such period as it thinks
necessary for enabling alternative arrangements to be made in respect of the animal.
(9) Where a court decides not to make an order under subsection (1)(b) in relation to an
offender, it shall state its reasons for the decision in open court and, if it is a magistrates’
court, cause them to be entered in the register of its proceedings.
(10) The “relevant period” for the purpose of this section is—
(a) (b) where the offender was convicted of an offence under sec$on 1 of this Act, or an
aggravated offence under section 9(2) of this Act, a minimum of ten years;
in all other cases, a minimum of five years.
(11) A person who breaches a disqualification imposed by an order under subsection (1)
commits an offence.
12. Seizure of animals in connec6on with disqualifica6on
(1) Where a court makes an order under section 11(1) and it appears to the court that the
person to whom the order applies owns or keeps any animal contrary to the
disqualification imposed by the order, it may order, in rela$on to any animal they own or
keep contrary to the disqualification, any of the following—
(a) possession of the animal be given up to a specified person;
(b) the animal be sold;
(c) the animal be disposed of otherwise than by way of sale;
(d) the animal be destroyed;
(e) the decision about the manner in which the animal is to be disposed of to be
delegated to an appointed person.
(2) (3) (4) (5) (6) (7) A court may not make order under subsection (1) unless—
(a) (b) it has given the owner of the animal an opportunity to be heard; or
it is satisfied that it is not reasonably practicable to communicate with the owner.
Where a court makes an order under subsection (1), it may—
(a) (b) (c) (d) (e) appoint a person to carry out, or arrange for the carrying out, of the order;
require any person who has possession of an animal to which the order applies to
deliver it up to enable the order to be carried out;
give directions with respect to the carrying out of the order;
confer additional powers (including power to enter premises where the animal is
being kept) for the purpose of, or in connection with, the carrying out of the order;
order the owner, or another person, to reimburse the expenses of carrying out the
order.
In determining how to exercise its powers under this section, the court, or the person to
whom a power has been delegated under subsection (1)(e), shall have regard, amongst
other things, to the desirability of avoiding increasing any expenses which a person may
be ordered to reimburse.
If a person is subject to a liability by virtue of subsection (3)(e), any amount to which
they are entitled as a result of the sale of the animal, may be reduced by an amount
equal to that liability.
Where a court makes an order under subsection (1), the owner may—
(a) (b) in the case of an order made by a magistrates’ court, appeal against the order to the
Crown Court;
in the case of an order made by the Crown Court, appeal against the order to the
Court of Appeal.
A person commits an offence if they fail to—
(a) comply with an order made under subsection (1); or
(b) co-operate with a step taken for the purpose of giving effect to an order made under
subsection (1).
13. Termination of disqualification order
(1) A person who is disqualified by virtue of an order under section 11(1) may apply to the
appropriate court for the termination of the order.
(2) No application under subsection (1) may be made until the expiry of the greater of the
following—
(a) the end of the period of two years beginning with the date on which the order is
(b) (c) made;
where a previous application under that subsection has been made in relation to the
same order, the end of the period of two years beginning with the date on which the
previous application was determined; or
the end of any period specified under sections 11(1)(a) or (7) or subsection (5) below
in relation to the order.
(3) On an application under subsection (1), the court may—
(a) terminate the disqualification;
(b) vary the disqualification; or
(c) refuse the application.
(4) When determining an application under subsection (1), the court shall have regard to
the circumstances of the original offence, the character of the applicant, the conduct of
the applicant since the imposition of the disqualification, and any other relevant
circumstances.
(5) Where the court refuses an application under subsection (1), it may specify a period
during which the applicant may not make a further application under that subsection in
relation to the order concerned.
(6) The court may order an applicant under subsection (1) to pay all or part of the costs of
the application.
(7) In subsection (1), the reference to the appropriate court is to—
(a) (b) the court which made the order under section 11(1); or
in the case of an order made by a magistrates’ court, to a magistrates’ court acting
for the same local justice area as that court
14. Deprivation order
(1) A court may make an order under subsection (3) where a person—
(a) (b) (c) has been convicted of an offence to which this section applies;
was connected to a hunting organisation at the time of committing the offence; and
was acting in that capacity at the time of the offence.
(2) An order under subsection (3) may be made in relation to a dog—
(a) (b) (c) which was involved in the commission of the offence;
which is owned or kennelled by the relevant hunting organisation at the time of the
offence; or
which is owned or kennelled by the offender at the $me of the offence.
(3) The court by or before which a person has been convicted may, in addition to dealing
with them in any other way, make an order depriving them or the relevant person of
ownership of the dog and for its disposal.
(4) Where a court makes an order under subsection (3) it may order the following—
(a) possession of the dog be given up to a specified person;
(b) the dog be sold;
(c) the dog be disposed of otherwise than by way of sale;
(d) the dog be destroyed;
(e) the decision about the manner in which the dog is to be disposed of to be delegated
to an appointed person.
(5) (6) (7) ( (9) (10) A court may not make order under subsection (3) unless—
(a) (b) it has given the owner of the dog an opportunity to be heard; or
it is satisfied that it is not reasonably practicable to communicate with the owner.
Where a court makes an order under subsection (3), it may—
(a) (b) (c) (d) (e) appoint a person to carry out, or arrange for the carrying out, of the order;
require any person who has possession of a dog to which the order applies to deliver
it up to enable the order to be carried out;
give directions with respect to the carrying out of the order;
confer additional powers (including power to enter premises where the dog is being
kept) for the purpose of, or in connection with, the carrying out of the order;
order the owner, or another person, to reimburse the expenses of carrying out the
order.
In determining how to exercise its powers under this section, the court, and the person
to whom a power has been delegated under subsection (4)(e), shall have regard,
amongst other things, to the desirability of avoiding increasing any expenses which a
person may be ordered to reimburse.
If a person is subject to a liability by virtue of subsection (6)(e), any amount to which
they are entitled as a result of the sale of the animal, if sold, may be reduced by an
amount equal to that liability.
Where a court makes an order under subsection (3), the owner may—
(a) (b) in the case of an order made by a magistrates’ court, appeal against the order to the
Crown Court;
in the case of an order made by the Crown Court, appeal against the order to the
Court of Appeal.
The court by which an order under subsection (3) is made may—
(a) (b) suspend the operation of the order pending an appeal; and
suspend the operation of the order for such period as it thinks necessary for enabling
alternative arrangements to be made in respect of the animal.
(11) Where a court decides not to make an order under subsection (3) in relation to an
offender, it shall state its reasons for the decision in open court and, if it is a magistrates’
court, cause them to be entered in the register of its proceedings.
(12) If the court does not make the assumption under subsection (3) it shall state its reasons
for the decision in open court and, if it is a magistrates’ court, cause them to be entered
in the register of its proceedings.
(13) This section applies to an offence under any of sections 1 to 6, 8 and 11(11) of this Act.
(14) A person commits an offence if they fail to—
(a) (b) comply with an order made under subsection (3); or
co-operate with a step taken for the purpose of giving effect to an order made under
subsection (3).
15. Forfeiture of equipment used in offence
(1) If a person is convicted of an offence under Part 1 of this Act, the court by or before
which they were convicted, in addition to dealing with them in any other way, may order
the forfeiture of—
(a) (b) any hunting article which was used in the commission of the offence, or was in the
possession of the person convicted at the time of their arrest; and
any vehicle which was used in the commission of the offence.
(2) A forfeiture order—
(a) (b) may include such provision about the treatment of the article or vehicle forfeited as
the court thinks appropriate; and
subject to provision made under paragraph (a), shall be treated as requiring any
person who is in possession of the article or vehicle to surrender it to a constable as
soon as is reasonably practicable.
(3) Where a forfeited article or vehicle is surrendered to a constable, the police force of
which the constable is a member shall ensure that such arrangements are made for its
destruction or disposal—
(a) (b) as are specified in the forfeiture order; or
where no arrangements are specified in the order, as seem to the police force to be
appropriate.
(4) The court which makes a forfeiture order may order the return of the forfeited article or
vehicle on an application made—
(a) (b) by a person who claims to have an interest in the article or vehicle (other than the
person on whose conviction the order was made); and
before the article or vehicle has been destroyed or finally disposed of under
subsection (3).
(5) For the purposes of subsection (1)(a), a “hunting article” means anything used, designed
or adapted for use in connection with hunting a wild mammal or hare coursing.
(6) A person commits an offence if they fail to—
(a) (b) comply with an order made under subsection (1); or
co-operate with a step taken for the purpose of giving effect to an order made under
subsection (1).
16. Police Powers
(1) This section applies where a constable reasonably suspects that a person (“the suspect”)
is committing or has committed an offence under Part 1 of this Act.
(2) If the constable reasonably believes that evidence of the offence is likely to be found on
the suspect, the constable may stop the suspect and search them.
(3) If the constable reasonably believes that evidence of the offence is likely to be found on
or in a vehicle, animal or other thing of which the suspect appears to be in possession or
control, the constable may stop and search the vehicle, animal or other thing.
(4) A constable may seize and detain a vehicle, animal or other thing if they reasonably
believe that—
(a) it may be used as evidence in criminal proceedings for an offence under Part 1 of this
(b) Act; or
it may be made the subject of an order under section 15(1).
(5) For the purposes of exercising a power under this section a constable may enter without
a warrant—
(a) land;
(b) (c) premises other than a dwelling;
a dwelling that is located at, or connected to, the kennels of the hunt of which the
suspect is a member;
(d) a vehicle.
17. Offence by Body Corporate
Where an offence under this Act is committed by a body corporate with the consent or
connivance of an officer of the body, the officer, as well as the body, commits an offence.
Part 3 – General
18. Interpretation
(1) In this Act—
(a) “Hunting” includes:
(i) (ii) (iii) (iv) killing or injuring a wild mammal;
chasing or pursuing a wild mammal;
searching for a wild mammal to be chased or pursued;
flushing or attempting to flush a wild mammal, including from cover, a
waterway or body of water, or below ground.
(v) coursing;
(b) (c) (d) (e) (vi) (vii) ‘marking to ground’, meaning to signal through ac$on or voice the location of
a wild mammal; and
‘ragging’ the body of a wild mammal.
and to “hunt” is to be read accordingly.
“Mammal based scent” means any substance which has an odour capable of being
detected by a dog, which—
(i) (ii) contains material derived from a wild mammal; or
simulates or resembles, or is purported to simulate or resemble, the scent of a
wild mammal.
“Wild mammal” means any mammal other than a human which—
(i) is living in a wild state;
(ii) is of a kind which is not commonly domesticated in the British Islands; or
(iii) has been deliberately released from temporary or permanent human control.
“Off-road vehicle” means a motorised vehicle which is designed to be driven
primarily off-road, and includes:
(i) a quadbike;
(ii) an all-terrain vehicle (ATV); and
(iii) a utility task vehicle, work utility vehicle, or cross-over utility vehicle (UTV).
“Hunting organisation” means an organisation which has as one of its principal
purposes the maintenance of a pack of dogs for hunting, except for an organisation
which is represented by a governing body listed in part 1 of Schedule 1. An
organisation is assumed to be a hunting organisation if it is represented by a
governing body listed in part 2 of Schedule 1, unless—
(i) (ii) the assumption is shown to be incorrect; or
there would be a serious risk of injustice if the assumption were made.
(f) A person is connected to a hunting organisation if—
(i) they are employed by, or volunteer on behalf of, the relevant organisation as a
huntsman, kennelman, terrierman, whipper-in, trail layer, or similar;
(ii) they pay a membership fee or daily attendance fee to the relevant
organisation;
(iii) they are a master, field master, or similar, of the relevant organisation; or
(iv) they are an officer of the body corporate of the relevant organisation.
(g) “Animal welfare establishment” means a person, organisation or establishment who
holds themselves out to receive vulnerable animals on a regular basis, whether
companion, farmed, wild, protected or other animals, with a view to rehabilitating
and either rehoming or releasing back to the wild, or providing long-term care. A
hunting organisation cannot be an animal welfare establishment.
(2) Reference in this Act to an officer of a body corporate includes a reference to—
(a) (b) (c) a director, manager, secretary or partner;
a person purporting to act as a director, manager, secretary or partner; and
if the affairs of the body are managed by its members, a member.
19. Power of local authority to prosecute offences
(1) A local authority in England and Wales may institute proceedings for any offence under
this Act which is committed within their area.
(2) Where it appears to a local authority that an offence has occurred within or partly within
the area of that local authority, the local authority may institute proceedings for any
offence as if the act were wholly within that area.
20. Crown application
This Act—
(a) binds the Crown; and
(b) applies to anything done on or in respect of land irrespective of whether it belongs
to or is used for the purposes of the Crown or a Duchy.
21. Repeals and amendments
(1) The Hunting Act 2004 is repealed, except for—
(a) section 13;
(b) paragraphs 1, 2 and 4 of Schedule 2; and
(c) Schedule 3
of that Act.
(2) In section 2(b) of the Wild Mammals (Protection) Act 1996, the following words shall
cease to have effect: “hunting, coursing”.
22. Subordinate legislation
(1) The Secretary of State may by order amend Schedule 1 so as to vary a list of relevant
governing bodies.
(2) An order of the Secretary of State under this sec$on—
(a) (b) (c) (d) (e) shall be made by statutory instrument;
may not be made unless a dram has been laid before and approved by resolution of
each House of Parliament;
may make provision which applies generally or only in specified circumstances or for
specified purposes;
may make different provision for different circumstances or purposes; and
may make transitional, consequential and incidental provision.
23. Short 6tle, commencement and extent
(1) (2) This Act may be cited as the Hunting Act 202X.
This Act shall come into force at the end of the period of three months beginning with
the date on which it is passed.
(3) This Act shall extend only to England and Wales.
Schedule 1 – Relevant governing bodies
Part 1
Masters of Draghounds and Bloodhounds Association (MDBA)
Part 2
British Hound Sports Association (BHSA)
Masters of Foxhounds Association (MFHA)
Association of Masters of Harriers and Beagles (AMHB)
Masters of Basset Hounds (MBHA)
Masters of Deerhounds Association (MDHA)
Central Committee of Fell Packs (CCFP)
Masters of Minkhounds Association (MMHA)
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