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Section 1 Offence of hunting a wild mammal using a dogI1I2

Scotland

(1)

A person commits an offence if—

(a)

the person hunts a wild mammal using a dog, and

(b)

none of the exceptions in sections 3, 5, 6, 7, 8 or 9 apply.

(2)

A person who commits an offence under subsection (1) is liable—

(a)

on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding £40,000 (or both),

(b)

on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both).

(3)

In this Act—

  • “hunting” includes, in particular, searching for and coursing (and related expressions are to be construed accordingly),

  • “wild mammal” means any mammal (other than a human)—

    1. (a)

      which—

      1. (i)

        is living in a wild state,

      2. (ii)

        is of a species recognised as living in a wild state in the British Islands (as defined in schedule 1 of the Interpretation Act 1978), or

      3. (iii)

        has been deliberately released from temporary or permanent human control, and

    2. (b)

      which is not—

      1. (i)

        a rat,

      2. (ii)

        a mouse, or

      3. (iii)

        living under temporary or permanent human control.

(4)

In this Part, a person is “using a dog” when the hunting of a wild mammal by that person involves the use of a dog, even if the dog is not under that person’s control or direction (and related expressions are to be construed accordingly).

Annotations

Commencement

I1

S. 1 not in force at Royal Assent, see s. 31(2)

I2

S. 1 in force at 3.10.2023 by S.S.I. 2023/262, reg. 2