However, as of 2015 it continues, illegally in counties with large areas of flat farmland suitable for hares: Lincolnshire, Cambridgeshire and Norfolk, although criminals may travel large distances to course hares. As with the definition of hunting, the definition of a hare coursing event requires that a competition has begun. dogs that hunt by sight rather than smell such as lurchers and greyhounds. It is told to have given a bad fame to hare coursing Only racing is legal. Is hare coursing legal in France? If the prosecution prove that the article in question is made or adapted for use in committing an offence under s.63 PCSCA 2022, that is evidence that the defendant had it with them with the intention of using it in the commission of such an offence. Get 6 issues for 15 (saving 50%) + receive a Stanley Trigger Action Travel Mug, worth 30! Greyhounds were introduced in the Americas for sport and pleasure, they helped farmers control jackrabbits, and organised coursing meets were taking place in the United States in the 19th century,[33] by 1886 according to Gulf Coast Greyhounds. Seventy-eight coursing clubs operate in the country, and each meet takes place over two days, with 72 races per day, during which gamblers bet on which dog will be the first to catch the hare. of Lincolnshire Police, said in most cases the courts . Main image credit: The last Waterloo Cup hare coursing event on February 15, 2005 near Liverpool, England./Credit: Getty. [3] By early 2003, this rule had been deleted to remove the appearance of the kill incentive. Hare coursing sets two running dogs onto a brown hare. Whether this comes from a police officer or a member of the public, similar observations apply. You can get the definition(s) of a word in the list below by tapping the question-mark icon next to it. In cases involving youths, which pass the evidential sufficiency stage, consideration should first be given as to whether any further action is required. Their population is estimated at less than half a million in England and they are listed as a priority in the UKs Biodiversity Action Plan. Authority for that proposition is to be found in Bond v Chief Constable of Kent [1983] 1 All ER 456. An authorisation must be in writing, signed by the officer giving it and must specify the grounds on which it is given (s34(4) ASBCPA 2014). Hares are a very popular wild British animal, and are a real treat for any animal lover or conservationist to see. The sport grew in popularity in Europe during the 19th century, but has since experienced a decline due in part to the introduction of greyhound racing with betting, and animal welfare legislation. Hare coursing is illegal in the United Kingdom. [19] However, coursers believe that, while lure coursing is good athletic exercise for their dogs,[20] it does not approximate the testing vigour and sport of live coursing. The dogs compete and are judged by how closely they can follow the twists and turns of the hare as it tries to escape, and if they ultimately catch and kill it. Knowingly Facilitates - a person who facilitates something makes it happen or makes it easier for it to happen. It is therefore very important that each file should clearly confirm what, if anything, has been seized as the result of the alleged offence and what orders are sought in relation to such items. It may be argued, subject to the availability of the necessary evidence, that followers are aiding and abetting the hunt by encouraging those who actively participated; but, in the absence of any positive action on their part, this would be very difficult to prove. Where a person is convicted of an offence and the court by or before which he is convicted is satisfied that any property which has been lawfully seized from him, or which was in his possession or under his control at the time when he was apprehended for the offence or when a summons in respect of it was issued. whats there hares like ect? Rabbits are not included in the definition of game. Primarily there are three pieces of legislation which fall to be considered for charge: Section 30 Game Act 1831 (GA 1831)creates two separate offences in relation to trespassing during the day in search of game, depending on the number of people involved (an offence involving five or more people carries a higher fine). Under s.65 of the PCSCA 2022 the court may on conviction make an order for recovery of the costs (kennelling costs) incurred in the seizure and detention of any dog which has been lawfully seized and which was involved in or present at the commission of any of the following offences: Police will provide details of kennelling costs on the MG5 police case summary so that it will be clear to the defence and the court the basis on which the application for recovery is made. Is hare coursing legal in France? The hare is protected by the Wildlife Act of 1976, but the same law also protects hare hunting, i.e. Hare coursing has been illegal since 2004, yet still takes place in some parts of the UK today. For offences committed prior to 1st August 2022, the maximum penalty on summary conviction is a Level 3 fine. Hare coursing is primarily a seasonal issue affecting rural communities across our force area. Coursing was a common hunting technique, practised by the nobility, the landed and wealthy, as well as by commoners with sighthounds and lurchers. [72] although much larger numbers of kills are believed to take place in informal coursing. What does coursing blood mean? for purposes of crime, Disqualification from owning or keeping a dog, Police Crime Sentencing and Courts Act 2022, Anti-Social Behaviour Crime and Policing Act 2014 ('ASBCPA 2014'), More information can be found in the community impact statement legal guidance issued by MoJ, sections 133-135 of the Sentencing Act 2020, a person engages or participates in the pursuit of a wild mammal, and. GOV.UK is the place to find Where prosecutors are made aware by the police that such dogs exist, they should bring this fact to the attention of the court and remind them of their powers under this section. The illegal nature of hare coursing and its associated gambling often leads to the participation of people who are undertaking other forms of criminal activity, such as drugs and firearms offences, which is why they pose such a threat to farmers and others in the rural communities. Powered by Invision Community. Hare coursing - an illegal activity where dogs are used to chase, catch and kill hares - is a serious problem in some rural areas. Now, we have got a complete detailed explanation and answer for everyone, who is interested! Hunting Act, 2004 (totally prohibits any forms of hare coursing). www.thehuntinglife.com Body worn camera footage is similarly helpful in that context. Informal coursing has long been closely associated with pheasant hunting or poaching,[15] lacking the landowner's permission, and is often seen as a problem by the local public, landowners and the police. As regards appropriate terms to be sought for CBOs in hare coursing cases, the following wording is suggested: In extreme cases, involving someone who has committed offences throughout a particular region, it may be appropriate to apply for the restrictions to apply to a wider geographical area. This is a useful provision in hare coursing cases as, offenders often travel considerable distances to commit the offence. CPS Areas have wildlife coordinators who can assist prosecutors in dealing with these cases. Please see the section on evidence gathering. Section 35(1) ASBCPA 2014 provides that if the conditions in sections 35(2) and (3) ASBCPA 2014 are met, and a section 34 ASBCPA 2014 authorisation is in force, a constable in uniform may direct a person who is in a public place in the specified locality to leave it or part of it and not to return for the period specified in the direction (the exclusion period). In selecting the appropriate charge, prosecutors should take this into consideration. He writes for publications in the UK and USA, including BBC Countryfile Magazine, BBC Wildlife Magazine, and Grays Sporting Journal in the States. Section 6 HA 2004 provides for what is now the potential for an unlimited fine on conviction, following the enactment of section 85 Legal Aid Sentencing and Punishment of Offenders Act 2012, which applies to such offences committed since 12/03/2015. [93] Coursing was banned in the County concerned,[94] and California Assemblywoman Loni Hancock promoted a bill, AB2110, to make it a crime for any person in California to engage in open field coursing defined as a "competition in which dogs are, by the use of rabbits, hares, or foxes, assessed as to skill in hunting live rabbits, hares, or foxes". Not only does hare coursing involve cruelty to wild. A court must consider making a compensation order in any case where it is empowered to do so and if it does not make a compensation order in any case where it is empowered to do so, it must give reasons in open court. Hunting is an intentional activity and there can be no such thing as unintentional hunting. france is not the paradise yet as hare coursing is illegal. Evidence is increasingly showing that hare coursing is closely connected to organised criminals and involves enormous sums of money . It has a number of variations in its rules around the world. The landowner should provide evidence to show whether there are public rights of way over the land and these should be identified on the plan exhibited if they exist. [3] The sighthound is released elsewhere by the handler. As well as being an issue of animal welfare, offending in order to facilitate hare coursing can also have a wider impact. [75] Coursing is sometimes defended on this basis,[40] even though the US Bureau of Sport Fisheries and Wildlife has said that coursing does not "reduce the population enough to alleviate damage". History also tells that, when James II of England sought refuge in France, he and his friends came with so many greyhounds that the hares were very scarce around Saint-Germain. Prosecutions should have regard to theBad CharacterLegal Guidance. It is also essential to confirm that nobody has been given permission to be on the land and that anyone seen on it is consequently a trespasser. Lure coursing is a sport for dogs based on hare coursing,[18] but involving dogs chasing a mechanically operated lure. Legal, formal hare coursing has a number of variations in how it is undertaken. Those who observe a hunt for the sake of observing the hunt are not technically hunting under the Act. Hare coursing can take the form of organised events in which dogs are, by the use of live hares, assessed as to skill in hunting hares. The Hunting Act 2004 ( HuA 2004) bans the hunting of a wild mammal with dogs, whether assisting or directly killing the animals, unless that hunting is exempt ( HuA 2004, s 1 ). It should also include those who take steps to prevent the illegal event from being disrupted by the police or campaigners. It is a long-established hunting technique, practiced historically in Coursing requires big, open spaces so agricultural areas such as Lincolnshire suffer badly from illegal coursing gangs and activities. Hare coursing is an illegal bloodsport that involves chasing and killing hares with dogs. In Saskatchewan, spotlighting is illegal without exception. The illegality of hare hunting is in chasing hares and the impact it has on the creature. Such statements should comply with Part 19 of the Criminal Procedure Rules (SI 2015 No. ALL hare coursing is illegal under the Hunting Act. NB: Hare coursing is illegal regardless of whether the coursing is undertaken as part of a large organised event with the landowners permission or undertaken by groups of lads with dogs and involving trespass. Conduct of the offender after detection leads to the recovery of live specimens or a reduction in the harm caused to the specimen(s) or species; Offender acted under the direct instructions of his or her employer. ); also, Public Order Act offences if, for example, threats have been made or abuse given to witnesses. These powers are only available in respect of the offences named in sections 65 and 66 of the PCSCA 2022 (offences contrary to s.30 GA 1831, s1 NPA 1828, s.63 PCSCA 2022 and s.64 PCSCA 2022). Section 13NPA 1828 defines game as including hares, pheasants, partridges, grouse, heath or moor game, black game, and bustards. GPRS data may reveal where a handset is at a relevant time. Coursing of white-tailed jackrabbits is organised by a smaller body, the North American Coursing Association. Trained lurchers and whippets are also used to catch and retrieve rabbits in more open areas. What do people reckon to a pure greyhound brought on from a pup ? It might include within the context of hare coursing the possession of footage of previous coursing incidents, membership of a Facebook group dedicated to the shared experiences of those involved in such offending or similar. Ch Insp Phil Vickers. Guidance on their use was issued by the Ministry of Justice ('MoJ') in July 2010. (See below under Recovery, disqualification and seizure.) In order to indulge in the informal practice, or hunting, various cross breeds (under the generic British term lurchers) have been created;[14] such animals may be specifically bred for coursing, such as the staghounds used to hunt coyote in the United States. Rabbit anatomy gives them a unique advantage in these uphill races. There is no requirement though for the animal to be actually caught evidence that it has been caught is helpful, but it is not a pre-requisite for conviction. Lurchermen also use the lamp to spot foxes at night. After the coursing event, the hares are transported back to where they were netted and re-released into the wild. Not only does hare coursing involve cruelty to wild animals, but it is also linked to other criminality such as theft, criminal damage, violence, and intimidation. The witness should address: The provisions of Code D of the Police and Criminal Evidence Act 1984 apply to this type of criminal offence just as much as to any other criminal offences. Only either way and indictable-only offences can be charged as attempts under the Criminal Attempts Act 1981. Section 155(1) confirms that in considering whether to make an order under the section a court shall have regard to both the value of the property and to the likely financial and other effects on the offender of the making of the order (taken together with any other order that the court contemplates making). Campaign success. This legal guidance on the Hunting Act 2004 (the Act) is for prosecutors and caseworkers. The French kings and aristocrats favoured hunting with scent hounds. A senior police officer is calling for courts to be given more powers to remove dogs used by convicted hare coursers. As with issues of seizure, CBO applications should be reserved for appropriate cases and not made as a matter of course. The hare is protected under the 1976 Wildlife Act but the same act also protects hare coursing, i.e. [38], The legality of hare coursing across the different states of the US is not always clear. The UK government's Burns Inquiry which submitted its final report in 2000 said that about 250hares were killed each year in formal coursing. has anyone been out there coursing? [83] The private prosecution brought against the organisers of the March 2007 North Yorkshire event organised by a Field Trialling Club clarified in September 2009 that hare coursing is still an illegal activity under the Hunting Act 2004 even if the dogs used are muzzled. It is much less easy to prove in other circumstances unless there is strong supporting evidence of competitive elements such as betting on the outcome. No clean breaks were believed to have been caused by dogs (where tooth marks were evident). If that is the case, then the landowner should be asked to give further details and confirm how past and current experience has affected them and possibly their family too. Prosecutors should note that the powers to order recovery of kennelling costs, disqualification from dog ownership and seizure of dogs under the Police, Crime, Sentencing and Courts Act 2022 (the PCSCA 2022) are not available where the defendant is convicted of any offence (including hare-coursing) under the HA 2004. Nowadays, since hunting hare with dogs is prohibited in Poland (except for mountain areas), Polish Hounds are used only for hunting wild boar and fox throughout the country. It should also be noted that some hunting is exempt for the purposes ofSchedule 1 HA 2004. Green criminology behavioural profiles An officer may give such authorisation only if satisfied on reasonable grounds that the use of powers in the locality during that period may be necessary for the purpose of removing or reducing the likelihood of members of the public in the locality being harassed, alarmed or distressed or the occurrence in the locality of crime or disorder (section 34(2) ASBCPA 2014). [59] The Waterloo Cup became a centrepiece of the campaign against coursing in the UK. If a deprivation order is sought, the file must contain reliable information about the value of the property seized. What is hare coursing? They face a range of threats, including poaching and habitat loss. Most CPS Areas have a wildlife coordinator. Hare coursing is when dogs are used to chase down and kill hares . Open coursing takes place in the open field, and closed coursing (or park or Irish style) takes place in an enclosure with an escape route. The biodiversity status of the species involved; The potential danger to the public, companion animals or livestock. Forbidden since 1844. [10], During the 19th century, coursing crossed the class divide,[11] and reached its peak of popularity, with more than 150coursing clubs in Britain,[6] some attracting up to 80,000 people. There may be scope to apply for Restraining Orders on conviction in hare coursing cases in terms which include not simply the landowner victim but also other landowner victims in a wider defined area. hare coursing - it's illegal to trap or sell hares unless it's for the purpose of coursing them. Hare coursing is also an illegal bloodsport, where dogs are used to chase, turn, and catch and kill hares with large amounts of money being gambled on the results. Since 1993, Irish Coursing Club rules have made it compulsory for the greyhounds to be muzzled while they chase the hare. However, where a dog is dangerously out of control, prosecutors should also consider the Dangerous Dogs legal guidance. [30] Opinion polls commissioned by the League Against Cruel Sports as part of its campaigning have shown very strong public opposition to hare coursing from both urban and rural residents of Northern Ireland[89] (and the Republic of Ireland). Unlicensed hare coursing is illegal and typically involves unmuzzled dogs and higher fatality rates for hares. New legislation comes into effect on 1 August 2022, which will help deter hare coursers by giving police forces the means to seize more dogs and by lifting the existing limit on fines. Lamps in such circumstances would meet the definition of other instrument. Prosecutors should liaise with the police to determine whether the circumstances of an individual case justify such enquiry. Far from it. As greyhounds are much larger than hares but less agile, they find it difficult to follow the hares' sharp turns which they make to evade the dogs. Mobile phones or other technology is often seized from alleged offenders. There are two different types of community impact statement: generic and specific. In compiling this kind of statement, the police should reference views expressed by the rural community as the result of Community Engagement, whether formal or informal. Such kennelling costs cannot be recovered using the general power to award prosecution costs in section 19 of the Prosecution of Offences Act 1985 or under the courts powers to award compensation undersections 133-135 of the Sentencing Act 2020(which applies to all convictions on or after 1st December 2020). This is a serious problem in rural areas. In each case, when a suitable hare appears, a person known as a slipper uses a slip with two collars to release two dogs at the same time, in pursuit of the hare which is given a head start (known as fair law), usually between 7090 metres (80100 yards). [28] This is denoted by either a red flag or a white flag, indicating the colours of the respective dogs' collars. France, India and Russia the sport is still going strong, the resulting Hunting Act 2004, passed in November 2004, saw the outlawing of any hunting with dogs in England and Wales from 18 February 2005 . Hare coursing has been illegal since 2004, yet still takes place in some parts of the UK today. Like rabbits, hares produce two types of droppings. It is from Arrian that the most famous quote on the sporting fairness of coursing originates: "true huntsmen do not take out their hounds to catch the creature, but for a trial of speed and a race, and they are satisfied if the hare manages to find something that will rescue her". Not to trespass on any land in (county) whilst in possession of a lurcher or lurcher type dog or whilst in company of or otherwise associating with another person or persons who is or are in possession of any lurcher or lurcher type dogs. Until the 1970s, there was a dearth of scientific evidence on the welfare impact of coursing. 27 May 2015. [77] Some coursers say that coursing assists conservation because it leads to sporting landowners creating a habitat suitable for hares. Section 1 HA 2004- A person commits an offence pursuant to Section 1 if they hunt a wild mammal with a dog unless the hunting is exempt. The issue of whether hunting under the Act included the searching for an as yet unidentified or unidentifiable wild mammal was examined in the joined cases ofDPP (Crown Prosecution Service CCU South West) -v- Anthony Wright; andThe Queen on the Application of Maurice Scott, Peter Heard & Donald Summersgill -v- Taunton Deane Magistrates Court[2009] EWHC 105 (Admin). The decision whether to seek a DNA examination is an operational decision for the police. [40] Washington state lists jackrabbits as a protected species, due to an unusually low population for a western state, and bans all forms of hunting them. It is not possible to opt out of the duty Code D imposes. Over 100 hares "required assistance" after being struck during races, which led to over 20 of them dying of natural causes or having to be euthanised. [49] Coursing has long been undertaken in Spain, where Spanish galgos rather than greyhounds are used. [7][8], The first modern coursing club was established at Swaffham in 1776,[6] and the National Coursing Club was founded to regulate the sport in 1858. Our experts have done a research to get accurate and detailed answers for you. Section 5(2) HA 2004 creates offences relating to involvement with a dog which participates in a hare coursing event: Each of the following persons commits an offence if a dog participates in a hare coursing event: any person who enters the dog for an event: It is important to note that the issue of ownership of the dog does not arise in the definition of these offences. This constitutes poaching, as they have neither hunting licences nor permission from the owners of the land where they run the hounds, or the holders of the hunting rights there. [3] The 2003 UK coursing season ran from 1 October to 28 February. [78] It is also the case that coursing kills slower hares,[26] and it is said by some coursers that this leaves faster hares to breed and multiply. In cases where the offenders are trespassers and clearly wont have permission, none of these exemptions will be available to them. [79] Eric Heffer, MP for Liverpool Walton, was a major opponent of coursing in the late 1960s, and Prime Minister Harold Wilson joined in the criticism. [3], The oldest form of hare coursing simply involved two dogs chasing a hare, the winner being the dog that caught the hare; this could be for sport, food or pest control. The terms gun or net are self-explanatory but engine or other instrument are not. Therefore, only an offence under the first limb of s.1 NPA 1828 can be charged if the animal involved was a rabbit. Prosecutors should be aware of suspects seeking to claim they were intent on taking rabbits and not hares in order to avoid conviction under the second limb. Public Support for a Ban. The objective of legal formal coursing is to test and judge the athletic ability of the dogs rather than to kill the hare. Hare coursing is an illegal activity - where dogs are used to chase, catch and kill hares - and is a serious problem in some rural areas. [63], The Burns Inquiry, set up by the UK Government to examine hunting with dogs in England and Wales,[64] which included coursing, concluded that "We are satisfied that being pursued, caught and killed by dogs during coursing seriously compromises the welfare of the hare. Reports of hare coursing are on the rise in Lincolnshire and the county's farmers are bearing the brunt of the illegal blood sport. [36] Pakistan has officially prohibited the use of dogs or hawks for coursing unless a special licence is issued for carrying out such activity[44][45] although, according to some reports, hare coursing is still practised and popular. [41], During the 200607 coursing season, the leading United States coursing body, the National Open Field Coursing Association, registered 480dogs of various breeds,[42] and oversaw 83 coursing events. More information on this is provided below. Hare coursing has been illegal since 2005 and along with poaching, hares are protected by several different pieces of legislation: Game Act, 1831 (daytime poaching). A public place means a place to which at the material time the public or a section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission (s35(11) ASBCPA 2014).
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