# Hunting with Dogs (Scotland) Act 2023, Section 1: Offence of hunting a wild mammal using a dog

Extent: S

(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)—
(a) which—
(i) is living in a wild state,
(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
(iii) has been deliberately released from temporary or permanent human control, and
(b) which is not—
(i) a rat,
(ii) a mouse, or
(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).

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Source: https://www.legislation.gov.uk/asp/2023/1/section/1 (the official version)
Page: https://openlegislation.uk/hunting-with-dogs-scotland-act-2023/section-1
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.