LEGAL ANALYSIS: CASE THROWS HUNTING LAW INTO CONFUSION

The Times

The conviction of huntsman Tony Wright for illegal foxhunting raises concerns about the law. The Hunting Act 2004 has been criticised for being confusing and complicated. Valerie Elliott, The Times Countryside Editor, explains.

"The case is going to be appealed so it will go to the Crown Court in autumn, before the main hunting season starts. It just leaves things in confusion.

"You are allowed to flush a fox from cover with two dogs, which is what Tony Wright did. And in this case the fox was shot, which is also allowed.

"But the judge decided it was illegal hunting because the huntsman had taken too long to control the dogs. The fox should have been shot instantly. The dogs were not under close control as they should have been. Most people have hounds on two leads.

"Most hunts don't go out with two dogs, you have a whole pack and they are not hunting foxes but are exercising the dogs or following a false scent. The people who do tend to go out with two dogs and a gun are usually gamekeepers, who look after an area of land and try to regulate the number of foxes on it.

"This case raises implications for gamekeepers, and possibly even dog walkers whose animals accidentally catch and kill a fox because the exemptions are open to interpretation.

"The law is a complete mess, and I think this case show some evidence of this.

"The police have said if there is evidence they will prosecute. In this case the Crown Prosecution Service was shown the original film by the police and they said to be able to bring the case to court they would need further evidence.

"Avon and Somerset police decided not to pursue the case, which is why it was brought in a private prosecution by the League Against Cruel Sports.

"Avon and Somerset police and Devon and Cornwall police have had previous allegations of illegal hunting from the League, and so they have said they will look again at their own files and review their policy in the light of this case."

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