The Hunting with Dogs (Scotland) Act 2023
The Scottish Government’s Hunting with Dogs Bill was passed in January 2023. It gained Royal Assent in March 2023, and finally came into force on 3rd October 2023 when NatureScot clarified the conditions under which licences might be given to applicants “requiring more than two dogs to manage a wild mammal species“
The Act defines what an ‘animal based scent’ is and prevents the chasing and killing of wild mammals for ‘sport’. It effectively ends organised fox hunting in Scotland and replaces the Protection of Wild Mammals (Scotland) Act 2002, closing loopholes that had allowed the practice of illegal hunting to continue.
A new two dog limit for all use of dogs in the course of hunting became law, as well as making it an offence to engage or participate in ‘so called’ trail hunting:
“ Trail hunting is defined…as the activity in which a dog is directed to find and follow an animal–based scent which has been laid for that purpose.”
The Hunting with Dogs (Scotland) Act will apply ONLY in Scotland and will be not applicable or enforceable in the rest of the UK.
Matthew Wilkinson, huntsman of the Jed Forest Hunt, made history as the first man to be charged under Scotland’s Hunting With Dogs Act. Police Scotland said in mid-April 2024 that “A 29 year-old man has been charged with three hunting offences and is the subject of a report to the Procurator Fiscal”.
A second man, David Every of the Berwickshire Hunt, was arrested, then released while the police make further enquiries.
Part 2 s.14 of the Act details specific offences relating to trail hunting, saying that:
(1) A person commits an offence if—
(a) the person engages or participates in trail hunting, and
(b) the exception in section 16 [which covers training dogs to follow an animal-based scent for a lawful purpose] does not apply.
(2) In this Part—
“trail hunting” is the activity in which a dog is directed to find and follow an animal-based scent which has been laid for that purpose,
“animal-based scent” means—
(a)a scent which is derived from a wild mammal, or
(b) a scent which mimics, replicates or resembles the scent of a wild mammal (or which is designed to do so), whether or not that scent is derived wholly or in part from artificial ingredients.
(3) A person commits an offence if—
(a )the person—
(i) is an owner or occupier of land, and
(ii) knowingly causes or permits another person to engage or participate in trail hunting on that land, and
(b) the exception in section 16 [which covers training dogs to follow an animal-based scent for a lawful purpose] does not apply to the trail hunting.
(4) A person commits an offence if—
(a) the person—
(i) owns or is responsible for a dog, and
(ii) knowingly causes or permits another person to use the dog for trail hunting, and
(b) the exception in section 16 does not apply to the trail hunting.
(5) A person who commits an offence under subsection (1) [hunting a wild mammal using a dog], (3) or (4) is liable on summary conviction to imprisonment for a term not exceeding 12 months or a fine not exceeding £40,000 (or both).
(6) It is a defence for a person charged with an offence under subsection (3) or (4) to show that the person reasonably believed that the exception in section 16 applied to the trail hunting.
(7) In this Part, an “owner” of land includes, in particular, a person who—
(a) manages or controls that land, or
(b) is authorised to give permission for that land to be used for trail hunting.
Though not specifically mentioned in the legislation, yes, drag hunting – where horses, riders and hounds follow the trail of an artificial scent laid down by human volunteers and no animal is hunted – is not affected by the Hunting with Dogs Act.
However, there are fears that traditional hunts are breaking the law and that ‘drag hunting’ or ‘simulated hunting’ is being used as a smokescreen for illegal fox hunting.
In April 2024, Matthew Wilkinson, huntsman of the Jed Forest Hunt, made history as the first man to be charged under the Hunting With Dogs Act.
The Act defines an animal-based scent as “a scent which is derived from a wild mammal, or a scent which mimics, replicates or resembles the scent of a wild mammal (or which is designed to do so), whether or not that scent is derived wholly or in part from artificial ingredients”.
Part 3 s.17 of the Hunting with Dogs (Scotland) Act 2023 discusses the search of a person without a warrant.
“If a constable has reasonable grounds for suspecting that a person has committed or is committing an offence under this Act, the constable may—
(a)search that person without warrant, and detain the person for such time as is reasonably required to permit the search to be carried out,
(b)search or examine any thing found in the course of a search, if the constable has reasonable grounds for suspecting that evidence of the commission of the offence is to be found in or on that thing,
(c)seize any thing found in the course of a search which may be relevant to the commission of the offence.”
Yes, under very limited circumstances NatureScot (the executive non-departmental public body of the Scottish Government responsible for the country’s natural heritage) can issue licences, and they finally published details in October 2003.
Licences are not general and do not make it legal to chase and kill a wild mammal using a dog, but might be issued in very specific circumstances.
NatureScot says they can issue licences for using more than two dogs for (i) the management of wild mammals above ground; and (ii) environmental benefit. As far too often these licences have come at the insistence of shooting and hunting lobby groups.
The exceptions and the permitted number of dogs under the Act are as follows:
- Management of wild mammals above ground – two dogs, unless a licence has been granted
- Management of foxes below ground – one dog
- Falconry, game shooting and deer stalking –two dogs
- Relieving the suffering of injured wild mammals – two dogs
- Searching for dead wild mammals – two dogs
- Environmental benefit – two dogs, unless a licence has been granted.
NatureScot goes on to say that:
“We will assess each application on its own merit.
Using the information provided by the applicant we will determine whether or not it meets the requirements of the following licensing tests:
- Whether there’s a valid licensable purpose – e.g. foxes are causing/likely to cause serious damage to livestock (lambing)
- If there is no other solution which would be effective in achieving the purpose – e.g. fencing, use of housing of livestock or use of firearms for control the wild mammal species.
- For applications for environmental benefit (only), if the proposed activity is part of a scheme or plan and if the killing, capturing or observing of the wild mammal will contribute towards a significant or long-term environmental benefit.
If a licence is granted, we will only permit the minimum number of dogs that we are satisfied will be effective at achieving the purpose.”
Licences can only be granted for the purposes set out in the Act, and as there are two sets of purposes there are two licensing systems.
The first allows a licence for the purpose of: preventing serious damage to livestock, woodland or crops, or preventing the spread of disease, or protecting human health.
- For a licence to protect livestock etc, the licensing authority (NatureScot) may only grant a licence if it is “satisfied that there is no other solution which would be effective in achieving the purpose” – eg. protecting livestock. Licences must specify the area to which they apply, set a minimum number of guns that are required and the maximum number of dogs that can be used. A licence can be granted for up to 14 days, to be used within a six-month period.
The second is for what is classed as “environmental benefit” and is undertaken as part of a “scheme or plan” for preserving, protecting or restoring a particular species (which may include controlling the number of a species for its welfare), for environmental benefit, preserving, protecting or restoring the diversity of animal or plant life, or eradicating an invasive non-native species of wild mammal from an area
- For a licence for “environmental benefit” the licensing authority (NatureScot) must be satisfied that the use of more than two dogs “will contribute towards a significant or long-term environmental benefit” and “that there is no other solution which would be effective in achieving the purpose” – eg. preserving, protecting or restoring a particular species etc. The activity must also be part of a “scheme or plan” the meaning of which will be clarified in upcoming guidance, but must include a design, plan or programme of action. Licences will need to specify the area to which they apply, set a minimum number of guns that are required and the maximum number of dogs that can be used. A licence can be granted for up to two years to be used in a consecutive two-year period.
The Act allows only one dog to be used below ground and only in respect of foxes (the Protection of Wild Mammals (Scotland) Act also allowed mink).
The dog must be
- under control
- fitted with a device to allow tracking of the position of the dog below ground.
The new law requires that once flushed, the fox is shot or killed by a bird of prey. If an attempt to kill a fox results in the fox being injured but not killed, reasonable steps must be taken to kill the fox in a way (other than by using a dog) that causes the minimum possible suffering.
It is no longer permissible to use a dog to search for, or flush a rabbit from below ground.
No. Under the Act more than two dogs can be taken on a driven or walked-up shoot because they are being used to flush birds (including pheasant, partridge or grouse) as long as there is no intention to hunt wild mammals or ‘ground game’ (rabbits or hares).
- A shooter and their two dogs, as part of a rough shoot party, could flush wild mammals provided that other shooters take reasonable steps to ensure that any dog used in the activity does not join with others to form a pack of more than two dogs.
No. The new law also covers rabbits, unlike the 2002 Act.
It is no longer permissible to use a dog to search for, or flush a rabbit from below ground. While two dogs, or more than two dogs under licence, may still be used to search for and flush rabbits above ground for “preventing serious damage to livestock, woodland or crops” any rabbits flushed must now be shot dead or killed by a bird of prey as soon as reasonably possible. (If in that process the rabbit is injured then reasonable steps must be taken “to kill it in a way (other than by using a dog) that causes it the minimum possible suffering”.)
A dog may be used to find an injured rabbit but must not kill it.
The Act gives the pro-hunting Royal family protection from the new law.
Under Section 25 of the Act, King Charles would be exempt from being under scrutiny from police investigation.
This is because police won’t necessarily have permission to gain access to his estates. The Bill’s explanatory notes state that: “powers of entry…are exercisable in relation to Crown land only with the consent of the appropriate authority.”
Wildlife crime is defined as any action which contravenes current legislation governing the protection of the UK’s wild flora and fauna, including species traded in the UK.
Note that wildlife crime does NOT include:
- Incidents involving domestic or companion animals such as dogs (other than dogs being used to hunt mammals), cats, rabbits, domesticated birds, etc.
- Wild animals that have been involved (killed or injured etc) in road traffic accidents.
Road accidents with wild animals do not need to be reported to the police, but note that domestic animals (as well as goats, horses, cattle, asses, mules, sheep and pigs) come within the remit of the Road Traffic Act.
If you have a road accident involving these animals you are required by law to report it to the police. If the wild animal is so badly injured in a road accident that there is no chance of recovery or the animal can not be returned to the wild then he or she may be euthanised, providing there is no appropriate long-term captive or semi-captive accommodation or when treatment would involve undue suffering or distress.
If we come across a wildlife crime scene or a dead bird/object that may be related to a wildlife crime every piece of information is – or might be – important, but it needs to be recorded properly and accurately for the authorities to have a chance of prosecuting an offender.
- Before we do anything else it is very important that we do NOT approach anyone we suspect of committing a crime – they may be violent and/or aggressive. This is especially true of badger baiters and hare coursers who are typically extremely violent. This must be a first priority!
What do we need to record?
- What we can see happening – what sort of crime is being committed
- Are any firearms involved, could we or the public be in danger?
- The exact location. Most smartphones have map apps or download the free What3Words app. If in open countryside look for obvious landmarks or fence lines, a tall or isolated tree, a wind turbine, any streams or brooks etc. Think about what would you need to re find a remote location.
- It is important to record if at all possible whether we are on or near public land as this will determine the type of police response.
- Never put ourselves in danger, but can we see who is involved and what they look like (e.g. number of people, their gender(s), age(s), the clothing worn, tools being carried)? Can we hear them – if so what are they saying, are they using any names etc?
- If any dogs are involved how many are there, what colour are they, do we know what breed they are (even information like ‘terriers’ or ‘lurcher-types’ can be very useful).
- The make, colour and registration number of any vehicle (we can take photos of a car if we think it is being used or might be used to commit a crime). Does it have any obvious dents, branding or markings, spotlights, bullbars etc.
DO and DO NOT
- Do NOT disturb the scene by walking around unnecessarily – small pieces of evidence (cigarette ends, footprints, the marks left by a spade etc) may be lost or trampled into the mud or grass.
- If photographing an object do try to use eg a coin or a notebook/field guide for scale – providing it won’t disturb the crime scene.
- If in the countryside take wide angle photographs of any landmarks (a tree, a distinctive fenceline, a hill) that might help officers relocate the crime scene. DO NOT mark a site with eg a white plastic bag though. Being able to see a marker from a distance might sound like a good idea, but it will also alert an offender that someone has been at the site: they may go back and remove the evidence.
- Do NOT move any items at the scene – the exception being if they are likely to disappear before the police arrive when we can collect them as evidence.
- Do NOT touch any dead birds or animals with bare hands. They may be poisoned baits or victims of poisoning. Many poisons (eg Carbofuran) are extremely dangerous in even very small amounts and can be absorbed through the skin.
- Do NOT do anything illegal ourselves – that might mean our evidence is not admissible.
If we see a wildlife crime taking place (or someone is at risk of getting injured or is being threatened) call 999 immediately.
They will want to know what we can see happening:
- What sort of crime is being committed
- Are any firearms involved
- Could we or the public be in danger
- Do we have photos or video footage which may be used as evidence
- Tell whoever you REPORT the crime to exactly what you have RECORDED as described in the section above.
To report a historic crime – that is, a crime that is no longer taking place – use 101 or a local organisation instead.
- If calling the police ask to speak to a Wildlife Crime Officer and make sure to get an Incident Report number.
- Please always follow any advice given and – if they are not available – insist that a Wildlife Crime Officer is made aware of your report.
- Our options are wider if the event is over, and it may be preferable to talk first to a charity or NGO to get advice. Crimestoppers (an independent charity) can be contacted in complete confidence on 0800 555 111
- When thinking about reporting a crime it’s worth noting that only the police have statutory powers to make an arrest. RSPCA and RSPB investigation officers work with the police for successful prosecutions.
- For offences involving wild birds and their nests or eggs we can also contact RSPB Wildlife Enquiries on 01767 693690. To contact RSPB Investigations directly use the online reporting form or email crime@rspb.org.uk. They will always try to help but have no enforcement powers and will refer the matter to the police for investigation if they think a prosecution is warranted.
Reporting a wildlife crime (or even a suspected wildlife crime) is important for two reasons.
- If the event is still happening it may enable the authorities to catch the criminals ‘in the act’ (which means a higher chance of prosecution),
- and if the event is over a report can still help to build up a more accurate picture of what might be happening in a specific location or across the country as a whole.
Our help is always welcomed
- Whoever we decide to contact we have been assured that our help is welcomed and that if we’re in any doubt that what we’re seeing is a crime we should report it anyway. Remember, if what we see ‘feels’ wrong, it probably is!
- Even if we’re not sure about what we’re seeing, we can take a photograph and email it to the police or an investigations officer – they are trained to quickly recognise for example when a snare is illegally placed, whether a trap is being used illegally, or whether a crime is being committed or not.
- We may help stop or solve future crimes by helping build up a pattern of behaviour in an area.
Have you ever wondered what UK law says about hunting with dogs, shooting, or collecting bird eggs? Or what protection foxes, badgers, bats, and birds of prey have? Whether a gamekeeper is using a snare, spring trap, or a cage trap legally? Wanted to know more about operating drones, using airguns, or driving quad bikes legally? What the different forms of trespass are, what constitutes assault, or what we should do if we’re arrested?
And have you ever been unimpressed with having to search hunting and shooting websites to find some of the information you need?
Us too! Which is why we have developed ‘Protectors of the Wild‘ and laid out the information we need in over thirty simple, mobile-friendly pages just like this one.
‘Protectors of the Wild‘ is a free resource to help us all become ‘eyes in the field’ by learning how to recognise, record, and report wildlife crime and wildlife persecution.
After all, the more we know, the more any potential criminal will have to be looking over their shoulder wondering if we know enough to Recognise, Record, and Report what they’re up to.
And the more we can all do to help protect the wild.
To access all Protectors information please go to Protectors of the Wild
Have you ever wondered what UK law says about hunting with dogs, shooting, or collecting bird eggs? Or what protection foxes, badgers, bats, and birds of prey have? Whether a gamekeeper is using a snare, spring trap, or a cage trap legally? Wanted to know more about operating drones, using airguns, or driving quad bikes legally? What the different forms of trespass are, what constitutes assault or harassment, or what we should do if we’re stopped and searched or even arrested?
And have you ever been unimpressed with having to search hunting and shooting websites to find some of the information you need?
Us too! Which is why we have developed ‘Protectors of the Wild‘ and laid out the information we need in forty-one simple, mobile-friendly pages and over 500 FAQs just like this one.
‘Protectors of the Wild‘ is a free resource with two aims: to help us all become ‘eyes in the field’ by learning how to recognise, record, and report wildlife crime and wildlife persecution; and to provide a ‘quick guide’ to anyone interacting with hunts, hunt supporters, or the police.
After all, the more we know, the more any potential criminal will have to be looking over their shoulder wondering if we know enough to Recognise, Record, and Report what they’re up to, and the more we know our rights the better we can protect ourselves.
And the more we can all do to help protect the wild.
The National Wildlife Crime Unit currently has seven priority offences for wildlife crime.
Badger persecution
It is illegal to interfere with or block a badger’s home or ‘sett’. Badger baiting is a centuries-old now illegal blood sport, where small dogs such as terriers or lurchers seek badgers out of their setts before fighting and killing them.
Bat persecution
Bats and their homes are legally protected, so disturbing or removing them is an offence. If bats roost in your roof, you need to obtain a special ‘bat mitigation licence’ from Natural England to be allowed to disturb them. They are hugely important to our ecosystem.
Trade of endangered species
The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) sets out which endangered animals and plants have protected status. It is illegal to remove any of them from their natural habitat, possess, or sell them. Currently, the top priorities are European eels, birds of prey, ivory, medicinal and health products, reptiles, rhino horns, and timber.
Freshwater pearl mussel offences
These Endangered mussels (Margaritifera margaritifera) are only found in rivers in Scotland and small parts of England. They can live for more than 130 years but are extremely sensitive to water pollution and have been illegally farmed for years. It is illegal to damage or destroy their habitat or to take, injure or kill them.
Poaching
Fox, deer, and hare hunting are all illegal under the Hunting Act 2004. Poaching offences also cover illegal fishing – when anglers do not obtain a licence or remove protected fish from lakes and rivers without returning them.
Raptor persecution
Birds of prey are often targeted on shooting estates. Their eggs are also traded illegally. It is an offence to target, poison, or kill them, with a particular focus on Golden Sagles, Goshawks, Hen Harriers, Peregrines, Red Kites, and White-tailed Eagles. Disturbing or taking their eggs or chicks is also illegal.
Cyber-enabled wildlife crime
Social media is often used to promote wildlife crime and recruit people to take part in it. Endangered plants and animals are also traded illegally online.
- Punishment must fit the crime. Conditional discharges and paltry fines are not a disincentive for criminals.
A common complaint is that even if wildlife criminals are brought to court the fines or sentences they get are pathetic and not a disincentive. In most cases judges are giving out the penalties they are allowed to under the law. Changes can be made though. In 2022 the maximum sentence for ‘causing uneccesary suffering’ went from six months to five years. That was the result of targeted public pressure and campaigning. We need to identify where changes should be made and push hard for them.
- Wildlife crime must be notifiable and statistics accurately compiled so that resources can be properly targeted.
Police forces are required by law to inform the Home Office of any notifiable offences, which then uses the reports to compile the crime statistics known as ‘recorded crime’. Currently, wildlife crimes are not ‘notifiable’ though (and wildlife crime involving firearms are also not recorded as firearms offences by the Police). Without them being notifiable, no one knows how many wildlife crimes are being committed across the UK and where the hotspots are (though ‘grouse moors’ is one obvious response). As we have stated many times on this website, law and legislative enforcement is hugely underfunded and under-resourced. Some of this has undoubtedly been through political choice, but if we at least know which crimes are being committed and where, the resources that are available can be placed where they are needed most.
- There must be changes to make it far easier for all of us to play our part in ‘Recognising, Reporting, Recording’ wildlife cime.
As even a quick glance at the Protectors pages makes clear, laws protecting wildlife are hard to understand. Major pieces of legislation like the Hunting Act 2004 and other laws are riddled with exemptions which strongly favour the hunting, shooting, and agricultural industries. Some date from a century or more ago and don’t reflect the modern world. These need to be updated. While there has undoubtedly been efforts made by successive governmants to use ‘plain english’ to explain legislation, any government wanting to tackle wildlife crime needs to make understanding what is and what isn’t a crime far more easily understood and put resources into a reporting system that the public feel confident using. Crucially, the public need to be sure that if they do report a crime it will be acted upon.
- We have to protect the environment and wildlife properly.
Laws protecting wildlife and the environment need to be revised to reflect the 21st century and the biodiversity and climate crises we are in. Animals (and plants) are not an add-on or a ‘nice to have’ – they have shaped the systems that life depends on, and our laws need to reflect how critically important they are.
If you’d like to support just one legislative change, Protect the Wild has launched ‘The Hunting of Mammals Bill: A Proper Ban on Hunting‘ – please sign our petition calling for a proper ban on hunting with dogs.
We would like Protectors of the Wild to be the ‘go to’ free resource, packed with the kind of information that really does help all of us become ‘eyes in the field. But we can’t possibly think of every question that might need answering or every situation someone might find themselves in! And while the information in these pages is largely taken from Government online advice and was compiled in 2023 (and constantlyy updated), perhaps we’ve missed something out.
If you could provide us with legal advice get in touch. Or if you find a mistake or a gap please let us know. That way we can continually improve Protectors of the Wild – for the benefit of animals and all of us. Thanks.
‘Protectors of the Wild’ is a project of Protect the Wild. We have a dedicated email address for anyone wishing to get in touch with a specific Protectors query or with additional information etc. Please use the form on our Contact Protectors page or email protectors@protectthewild.org.uk. Thank you.
Much of the information we give in these pages is very technical or to do with legislation which can be revised without much notice. While we have worked very hard on these pages and we take keeping our information accurate and up-to-date very seriously, Protect the Wild are not legal professionals. Just to make sure no-one thinks we’re offering professional legal advice, we feel obliged to include the following disclaimer on every page.
- Please think of the ‘Protectors of the Wild’ pages as a ‘first stop’ before seeking legal advice. We provide detailed information but not professional advice. The information provided by Protect the Wild should NOT be considered or relied on as legal advice and is for general informational purposes only. Any of the material on our website may be out of date at any given time, and we are under no legal obligation to update such material. While we update and revise as often as we can, Protect the Wild assumes no responsibility for the accuracy and correctness of any information, or for any consequences of relying on it. Please do not act or refrain from acting upon this information without seeking professional legal advice.
