Charges for knowingly allowing people to hunt illegally on your land?

[becca1305]

Hi Chaps,

I am currently tramming through my dissertation and have come to discussing the part of the Hunting Act in which "A person commits an offence if he knowingly permits land which belongs to him to be entered or used in the course of the commission of an offence under section 1." Of course the key word is 'knowingly' and I would imagine this is very difficult to prove that the landowner didn't believe the hunting going on was exempt. However I wondered as a point of this if any charges had ever been made against a landowner for allowing illegal hunting on their land (presuming they weren't participating in it!) I have had a google but nothing comes up, however its a difficult thing to search for if you don't have any more details as I would guess if anyone has been charged with it, it was in conjunction to other charges being brought against the active hunters. So does anyone know of any cases of this please?

Also any recommendations of court cases which I can find articles/plenty of detail about in which the defendants were found NOT guilty? ( I have already discussed the guilty pleas in the Heythrop Hunt VS RSPCA case).

Thank you

 

[Alec Swan]

"Of course the key word is 'knowingly' "

Of course. Without a sworn and witnessed statement offered by the accused, containing an admission of intent, I fail to see the point of waisting the time of a Court.

Alec.

 

[BBH]

And mis spelling of the waist / tummy word when we refer to waste will incur additional fees in deciphering the real intent of said admission of intent.

Lol x

 

[Alec Swan]

Go away.

Alec.

 

[combat_claire]

Becca, have a look at the case where the Wymondham & Kimberley coursing club were convicted under the Hunting Act. That is the only instance I can think of where the landowner was convicted.

The Hunting Handbook contained within its appendices a template letter for hunts to send to their landowners stating their intention to hunt legally and requesting permission to continue hunting activity within the Hunting Act.

Hope that helps

 

[combat_claire]

For cases where defendents were found innocent try Regina v A. Wright which ended up as high as the Court of Appeal. This case involving the Exmoor Foxhounds was the first case to come to court.

Try also Devon and Somerset Staghounds (defendents Maurice Scott, Donald Summersgill and Peter Heard)

Those are the two most legally interesting to discuss with lots to get your teeth into.

Will give it more thought and think of some others.

 

[Countryman]

Court cases where Hunts have been found Not Guilty are relatively rare, as the prosecution is usually quietly dropped rather than it go to trial, as happened with the Heythrop twice, the Cattistock, the Seavington (I think), and in fact, countless hints which have been accused of breaking the law over the last few years. However, I'd point you in the direction of the Sinnington's acquittal after a 3 day trial a couple of years ago ( some links; http://www.horseandhound.co.uk/competitionnews/392/304527.html and http://www.countryside-alliance.org/ca/campaigns-hunting/trial-victory-for-sinnington-foxhounds ) but for really detailed legal information, I suggest the Appeal of the Exmoor Hunt and their Huntsman Tony Wright.

The Exmoor were convicted in 2006 and after many legal battles, were found Not Guilty on appeal in 2009. This was the first real 'testing' of the Hunting Act and in the appeal, the judge ruled that it was for the prosecution to prove law breaking was occuring, not for the defence to prove they were acting within an exemption of the law (Essentially saying the presumption of innocence until proven guilty did apply to tje Hunting Act as it did all other laws) so it got a lot of publicity, and legal analysis. A quick google found this out; http://www.telegraph.co.uk/news/ukn...weakened-after-High-Court-upholds-appeal.html

But I suspect there are plenty more articles were that came from, as the case sort of set the standard of evidence required to prosecute hunts forever after.

 

[Countryman]

Sorry, I seem to have duplicated CC's post about the Exmoor! When I started replying she hadn't posted yet.

 

[Alec Swan]

Becca, have a look at the case where the Wymondham & Kimberley coursing club were convicted under the Hunting Act. That is the only instance I can think of where the landowner was convicted.
.......

Hope that helps

There must surely be a distinction in law, between those who permit others to take greyhounds, upon their land, and those, who whilst not having hounds on string leads, find that their charges trespass on the land of an innocent, whilst in pursuit of their quarry. I fail to see how the Land Owner can be held responsible for common trespass of others, with or without hounds.

Alec.

 

[becca1305]

Thankyou everyone for the suggestions I've just got back from an evening jaunt out for a lesson, so will have a detailed read through once I've had some dinner!

 

[combat_claire]

There must surely be a distinction in law, between those who permit others to take greyhounds, upon their land, and those, who whilst not having hounds on string leads, find that their charges trespass on the land of an innocent, whilst in pursuit of their quarry. I fail to see how the Land Owner can be held responsible for common trespass of others, with or without hounds.

Alec.

It's been a while since I read the reports on this one but I seem to remember the Landowner was also involved with the coursing club as an official. As opposed to the style of illegal coursing on land in the Fens where permission from the landowner has never been sought let alone granted.

 

[becca1305]

Thanks to everyone for the info , I think I will be writing about the Tony Wright Exmoor Foxhounds case in more detail (had already briefly mentioned it but think it deserves more attention considering it set a precedent for following cases). The information on landowners being prosecuted is also really helpful .

Its also set me off on a new theme considering how I can't see how hunt monitor video footage is always filmed without trespassing, to look at cases of hunts/landowners bringing cases against hunt monitors/saboteurs of aggravated trespass .

Edited to add- *humpf* can only find cases were they were found not guilty. Anyone know of any cases where hunt sabs were successfully prosecuted please?

 

[Countryman]

Off the top of my head, Lynne Sawyer, a well known hunt sab/monitor in the Bucks/Oxon area, was convicted of Aggravated Trespass in 2009 after an incident with the Kimblewick - she's written her own account of it about halfway down this page: http://netcu.wordpress.com/2010/09/24/operation-rumbles-pro-hunting-stance/

 

[becca1305]

Ooh thanks countryman! Deary me thats an erm interesting account! Now I have the names though I can search for more journalistic accounts which is really helpful .

 

[Alec Swan]

It's been a while since I read the reports on this one but I seem to remember the Landowner was also involved with the coursing club as an official. As opposed to the style of illegal coursing on land in the Fens where permission from the landowner has never been sought let alone granted.

Exactly my point, and if a Landowner gives his express permission for hounds to enter his land and hunt in a law abiding and legal fashion, and those who are hunting hounds elect to break the law, then how can the Landowner be guilty of crime?

If I loan you my car, and you're caught speeding, am I also to end up in Court?

Alec.

 

[combat_claire]

http://www.independent.co.uk/news/u...n-by-blowing-horns-and-hallooing-1504580.html

Try these two cases in relation to injunctions against trespassing. The Fitzwilliam case was particularly interesting as it was the first time this ancient tort had been used in modern times.

Try also Nelder & Ors V CPS. They lost their appeal against a conviction under Criminal Justice Act for aggravated trespass whilst sabbing the Woodland Pytchley Hunt

http://www.judgmental.org.uk/judgments/EWHC-Admin/1998/[1998]_EWHC_Admin_602.html

Alec, If I'm honest I've never really understood the Hunting Act as it applies to coursing...

 

[Countryman]

Also, for aggravated trespass cases, 5 are listed as having set case law at the bottom of this page here (with full text of each judgement available) : http://www.freebeagles.org/caselaw/CL_frontpage.html

 

[Orangehorse]

We received a letter from our local hunt stating that they would be hunting "Within the Law", in common with all the the other farmers in their county I imagine. So having put that away safely somewhere, I guess we, as landowerns, are covered. We have no reason to think that any hunting is being carried out "illegally" and we certainly wouldn't give permission for it!

 

[happyhunter123]

Have a look at this very recent case:
http://www.thisissurreytoday.co.uk/...tory-18493507-detail/story.html#axzz2OM9JMQJL

 

[Alec Swan]

.......

Alec, If I'm honest I've never really understood the Hunting Act as it applies to coursing...

Nor I. When I worked as a 'keeper, we were always advised, that if we found people coursing on our land, UNLESS THEY HAD GAME IN THEIR POSSESSION, do not bother asking for Police support. The defence in Court will be that the dogs escaped, and the charged persons were doing their level best to catch them.

I no longer keep coursing dogs, but if I did, I'd be reliant on that! I'm not too sure that I'd get away with such an excuse with 22 couple of hounds though!!

Alec.