11th January 2017
Did you hear about the bang-to-rights evidence of illegal hunting which the police and/or CPS weren’t interested in? Apparently it happens all the time…
It’s beyond doubt that there’s an institutional disinterest in Hunting Act cases and the authorities seek any excuse not to proceed with matters. In court, experience shows Defence teams seizing any opportunity to subvert evidence or witnesses against them. If you want your evidence to withstand close and vindictive scrutiny you need The Money Shot and, for fox sake, make it a £5er;
£1; The fox (hare, deer or mink) fleeing….
With no quarry in the frame, the Defense will argue that there is no chasing of a live animal. Establish the identity of the quarry species with your camera. You’ll need much more than film of fleeing quarry to get the offenders into court but without this you have nothing.
£2; …being chased by a pack of hounds….
A kill is not essential for an offence to be committed under the Hunting Act (2004). Chasing with dogs is illegal. Once evidence of the quarry has been secured, pan back to the hounds to show what they’re doing and how many are involved.
£3; …in view of the Huntsman or Whipper-In….
These days hounds are often allowed to range way ahead of the Huntsman. If quarry is found and chased then those responsible can claim to either not know or that it was an “accident”. Evidence which shows somebody in charge of the hounds was well able to view events makes it harder to cry “accident”.
£4; …who is not trying to stop them….
Film the behaviour of anyone at the scene including body gestures (such as pointing) and any use of horn and voice. “Accident” is far less plausible if hunt staff can be shown to have done nothing to stop the hounds. If hunt staff are filmed actively encouraging the chase (such as by cheering hounds on or doubling the horn), or by taking and acting upon information communicated to them by others then even better. This will show an intent to break the law which is hard to deny.
£5; …for a considerable time or distance.
It’s not possible to state what constitutes “considerable” but obviously the longer the chase goes on with nothing being done to stop it, the stronger the evidence of illegal hunting being an intentional thing.
When filming either Huntsman or Whipper-In take the earliest opportunity to zoom in as close as possible because identification is absolutely essential for proving who did what. Hunting Act cases will fail due to weak ident even if the actual illegal hunting is obvious. These days hunt staff often wear anonymous matching jackets and ride horses with similar colouring and features; tactics which conspire to make evidence gathering even more difficult. The smallest detail could be a clincher so be alert to capturing on film anything, anything, which could help with positive identification.
Other things: keep cameras running as long as possible; use GPS readings to verify time, date, location; don’t commentate or remonstrate whilst filming (bite your tongue if you have to – let your film do the talking); guard good evidence with your life until instructed otherwise by a professional person you trust.
The £5 Money Shot is intended to provide helpful guidance for property owners and individuals involved with law enforcement. It’s one of many wider conversations around the Hunting Act (2004). If further debate and discussion about evidence gathering of illegal hunting is prompted then good. If anyone finds it useful, applies it in the field and succeeds in court then even better!
Recommended further research:
© Joe Hashman
Founder, Hounds Off