Charles Carter of RAH is told to return to kennels after chasing a fox

Policing Hunts

Taken from the National Police Chiefs Council (NPCC) online ‘Operational Advice on Responding to Hunting Incidents’ (2018)

(NB. Protect the Wild are reprinting the term ‘gamebird’ below solely because it is used in this NPCC briefing  > Why won’t you use the term ‘gamebird’?)

The NPCC say that the legislation below are considerations to be utilised should the need be required when policing a hunt. (Sections within the acts are listed as eg s1, s30 etc)

The Hunting Act 2004
• s1 – offence to hunt a wild mammal with a dog (unless the hunting is exempt)
• s3 – permitting land to be used
• s5 prohibits hare coursing events
• s8 – powers of entry / stop search (N.B refers to CURRENT and PAST activity, NOT suspected
future activity)
• s9 – Forfeiture of dog/article/vehicle (N.B. there is no power to order the forfeiture of horses)

Wildlife Offences
Game Act 1831 (s30) (rabbits, hares, gamebirds)
Poaching Prevention Act 1862 (s1) (rabbits, hares, gamebirds)
Deer Act 1991 (s12) ( > Deer and the Law)
Badger Act 1992 (s3) ( > Badgers and the Law)
Wildlife and Countryside Act 1981 (s19)
Wild Mammals (Protection) Act 1996 (s4)
Protection of Animals Act 1911 (s12)
Animal Welfare Act 2006  (protects the welfare of farmed animals)

Other Associated Legislation
• Public Order Act 1986 (s3, 4, 4A, 5)
• Common Law – Breach of the Peace
• s60aa CJPOA 1994 (Powers to require removal of disguises)
• s89 Police Act 1996 (Obstruct Constable)
• s68 & 69 CJPOA 1994 (Aggravated Trespass + Direction to leave)
• s50 Police Reform Act 2002 (Anti-Social Behaviour)
• s42 CJ&PA 2001 (Harassment of person in their home)
• s35 Anti-Social Behaviour, Crime and Policing Act 2014 (Harassment + Disorder and direction
to leave)
• s14A POA 1986 (as amended by S70 & 71 CJPOA 1994) – Trespassers assemblies of 20 or more
persons
• s137 Highways Act 1980 (Obstruction)
• s22 Road Traffic Act 1988 (Leaving a vehicle in a dangerous position)
• s34 Road Traffic Act (All-Terrain Vehicles (Quad Bikes) – Consider if being driven on Private
Land or Public Road)
• s59 Police Reform Act 2002 (vehicle to cause alarm, distress or annoyance)

Civil Trespass – Not normally a Police matter unless to prevent/deal with Breach of the Peace or to enforce criminal law.
Drones – Distance/Locations allowed to operate and licencing (CAA Flying Drones and Model Aircraft)

According to the same NPCC briefing:

  • Incidents of alleged Aggravated Trespass or Trespassers Assemblies may involve well organised direct action protest groups. These groups will probably have researched the issue against which they are protesting, have received legal advice and be well briefed.
  • The possibility of any incident of trespass occurring, and the intended Police response, should be based on intelligence, including community intelligence. The Senior Police Officer present at any incident of trespassing will need to conduct enquiries into the circumstances before deciding on the appropriate course of action.

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.

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 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 thirty five simple, mobile-friendly pages and over 400 FAQs 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.

  • 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. 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, 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 information not professional opinion. 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 obligation to update such material. 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.