Detailed Provisions Part 2: Trail hunting Section 14: Offences relating to trail hunting
135.Subsection (1) makes it an offence to engage or participate in trail hunting. Trail hunting is defined in subsection (2) as the activity in which a dog is directed to find and follow an animal-based scent which has been laid for that purpose.
136.Animal-based scent is also defined in subsection (2) and includes a scent which is either derived from a wild mammal (for example, animal urine or a scent created by dragging the carcase of a wild mammal along the ground) or which mimics, replicates or resembles the scent of a wild mammal (or is designed to do so) whether or not it is derived wholly or in part from artificial ingredients. For example, an artificial scent designed to mimic the smell of fox urine would be included in this definition. However, a trail of beef sausages would not fall within the definition because this would not mimic, replicate or resemble the scent of a wild mammal.
137.Section 16 provides for limited circumstances in which conduct which would otherwise be caught by the offence is permitted: by virtue of section 14(1)(b), an offence will not be committed if that exception applies.
138.Subsection (3) provides that an owner or occupier of land who knowingly causes or permits another person to engage or participate in trail hunting on that land commits an offence.
139.Subsection (7) provides that an owner of land includes a person who manages or controls that land or is authorised to give permission for the land to be used for trail hunting. For example, this could include a land manager (whether or not they are authorised to give permission for trail hunting) or a tenant whose lease allows them to give permission for others to trail hunt on the land.
140.As for the offence under subsection (1), an offence will not be committed under subsection (3) if the exception under section 16 applies such that conduct which would otherwise constitute unlawful trail hunting is permitted.
141.Subsection (4) provides that a person who owns or is responsible for a dog who knowingly causes or permits another person to use the dog for trail hunting commits an offence. The definition in section 2(6) as to what is meant by being responsible for a dog applies.
142.As for the offences under subsection (1) and (3), an offence will not be committed under subsection (4) if the exception in section 16 applies.
143.Subsection (5) sets out the penalties for offences under subsections (1), (3) and (4).
144.Subsection (6) provides for a defence where the person charged with an offence under subsection (3) or (4) can show that the person reasonably believed that one of the exceptions applied. For example, a land manager might give permission for dog training to take place on the land under section 16, on the basis of assurances from a reputable person that the conditions in section 16 would be met. If in fact the person failed to meet the conditions, for example by not having dogs under control, then the exception would not apply. However, the land manager would have a defence to the offence under subsection (3), on the basis of their reasonable belief that the conditions in section 16 would be met. The person trail hunting would commit an offence under subsection (1) and this defence would not be available to them.