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
1st December 2016
HUNT TRESPASS IN WILTSHIRE
A message came to Hounds Off that hare hunting beagles breached a fence and ran into a Wiltshire garden last Saturday. Apparently the Hunt Master muttered an excuse about hunting “wounded hares”. Our Wiltshire contact said she thought hunting with dogs was banned. Something about the wounded hare excuse just didn’t ring true to us either. We asked a friend for his thoughts. He pinged them back to us in quick time.
Under the Hunting Act, there is an Exemption that allows hunting an injured hare lawfully, “for the purpose of relieving the wild mammal’s suffering” (1). However, and these are salient points in this instance, no more than two dogs may be used (2), it’s done on permitted land only (3) and the dogs must be kept under control (4).
We already know a pack was used, the hunters did not have permission to hunt in the garden and clearly they were running out of control when they did. Illegal, doncha think?
Our friend reckoned that the trespass aspect was interesting too. If the beaglers were claiming the wounded hare Exemption then they must admit to having control of their hounds – which makes the trespass deliberate. Getting to the truth would help our Wiltshire contacts should they take civil action to protect their property in future.
And here’s the frustrating bit. Why do we have to resort to civil actions? Whichever way you look at it, in 2016 hunt trespass isn’t something the anti hunting rural dweller should have to endure.
EVIDENCE OF ILLEGAL HUNTING IN SUFFOLK
As to what’s occurring with recent and ongoing allegations of illegal hare hunting in Suffolk, you might well despair. Compelling evidence gathered by Norfolk/Suffolk Hunt Saboteurs raises serious questions about the Easton Harriers and their hunting activities. Their false alibi is tenuous too. Are they claiming “rabbit hunting” or, like the Wiltshire beaglers, going after wounded hares (BBC Suffolk News online, 29 November 2016, see below)?
When Brian May tweeted that Law and Order had broken down in Suffolk, he joined a chorus calling out the blatantly obvious. We all hope the police and prosecuting authorities find a hitherto vacant will (and the expertise) to fully and forensically investigate these allegations of illegal hunting.
Two facts we suggest that detectives unpick early on:
1/ The dogs used are purpose-bred, specialist hare hunting hounds (ie harriers).
2/ The habitat and habits of hares and rabbits differ in basic ways which make it easy to establish what is the true quarry just by simple observation.
If, under proper scrutiny, the Easton Harriers claim the wounded hare Exemption then immediately they are guilty of illegal hunting for running more than two hounds. We could go on…
Assistant Chief Constable Rachel Kearton of Suffolk Police has appealed for information and background intelligence. We ask her to treat this blog as both, take it seriously and positively investigate. Honestly, you don’t have to be a rocket scientist to work this all out!
(1) Hunting Act (2004), Schedule 1 Exempt Hunting, 8 (3).
(2) Hunting Act (2004), Schedule 1 Exempt Hunting, 8 (4).
(3) Hunting Act (2004), Schedule 1 Exempt Hunting, 8 (6) (b).
(4) Hunting Act (2004), Schedule 1 Exempt Hunting, 8 (7) (b).
ACTION TO TAKE
Request Suffolk Police investigate allegations of illegal hunting by the Easton Harriers, here
Contact Suffolk Police & Crime Commissioner Tim Passmore with your concerns, here
Make your property into a nature reserve from which hunting is forbidden, here
Write to your MP and ask them to support the Hunting Act (2004), here
© Joe Hashman
24th April 2016
Our downloadable No Hunting notice has proved popular with people who want to keep hounds off their properties. Until recently Hounds Off provided a fox version. Now we’ve produced one with a hare because a minority of folk still enjoy illegally hunting these magical creatures with packs of beagles, bassets and harriers. For those of you who live in areas plagued by illegal hare coursing, there’s a No Coursing notice too. You can find them all here. We advise downloading, laminating and placing strategically to reinforce your Warning Off email or letter (see Hounds Off Hassle & Cost Free Option or Belt & Braces Approach).
We would like to thank the Hare Preservation Trust for supporting Hounds Off by covering the design and production costs for this development. T-shirts, hoodies and a vehicle window sticker will soon be available too with a credit to that effect.
We’d also like to give a big up to Stu Jones and Anna Celeste Watson aka Boo & Stu Digital Design Studios. They’re part of the Hounds Off team and working closely with them is always productive. We’re pleased with our hare design and hope you approve too.
Copyright, Joe Hashman – but please share anything here with a credit or link
19th February 2015
Acting on information received from a member of the public, in March 2007 a colleague and I attended an illegal two-day hare coursing event in North Yorkshire. On the morning of day one, as we pulled in to a verge to let vehicles pass along the narrow lane, a police car departed the scene. We noted the registration number.
Some weeks later we presented our evidence to the police. The officer in charge happened to be the driver of the car we’d noted. He held his hands up when we quizzed him why the illegal hunting had not been stopped at the time. He was at the scene to follow up complaints about highway obstruction. Apparently the coursing officials at the gate (you had to pay to enter) told him that they were doing ‘greyhound trialling’ which was different to hare coursing. With a few cosmetic changes to how the event was traditionally run and genuine ignorance of bloodsports from said copper, coursing supporters had invented a false alibi and they nearly got away with it.
Thankfully, Scarborough Magistrates Court was not hoodwinked. The landowners fought the charges but were convicted. A celebrity chef and a Sir decided to plead guilty as a result. Good job well done by IFAW, RSPCA and the police.
In 2011 the Huntsman and Terrierman from the prestigious, Leicestershire-based Fernie Hunt were convicted of Hunting Act offences. The judge who presided over their subsequent appeal accused them of using “cynical subterfuge” to twist evidence gathered by the League Against Cruel Sports and prepared by Leicestershire Police.
I suspect that with a few cosmetic changes to fox hunting, including the invention of a new post-Hunting Act sport dubbed ‘trail hunting’, similar acts of cynical subterfuge are widespread and ongoing. This is based on personal observation and the first-hand accounts of others.
The Hunting Act is the law, not a voluntary code of conduct which individuals or organisations can choose to observe or not. This is why reporting suspected illegal hunting to the police on 101 is so important. In these times of cuts and scarce resources, modern day policing is statistics-led. So getting a Log Number which records evidence of your call means that, literally, it counts. Sometimes we know that a phone call directly results in catching criminals red-handed.
Yes, it’s a hassle. Yes, you’ll feel interrogated by the police who want to know what you’ve seen and why, exactly, you think it’s a crime. But don’t be fobbed off or dissuaded. Just as there are police who can drive you crazy with their stubborn refusal to listen or see, so there are good coppers out there who’re willing to learn and have their misinformation corrected.
Take for instance the convictions of officials from the Meynell & South Staffordshire Hunt in 2012, again for Hunting Act offences. It was volunteers from the Hunt Saboteurs Association who gathered the evidence in this case. They compared their real-life footage with a scene from The Belstone Fox. The investigating officer saw exactly what was going on, the penny dropped, and justice was done.
Don’t leave it to others. If you see suspected wildlife crime report it. Your call counts.
Photo copyright © IFAW
23rd February 2012
I was on the phone to a local policeman the other day whilst discussing an incident of hunt-related wildlife crime. The copper was under no illusions about the mythical practice of ‘trail hunting’. He was well aware that live foxes are regularly being harried and killed.
“They’re all at it,” he said in reference to the packs on his beat.
I represented Hounds Off at a meeting with police in Dorset earlier this month, alongside other animal protection groups. We’d all noticed a rise in Hunt trespass reported in the local press. We pointed out that a representative from one Hunt in particular had issued apologies via the newspapers for running roughshod through village gardens and over forbidden land on four separate occasions in recent weeks.
His excuses included, “it seems they [hounds] picked up the scent of a fox and went after it,” (Blackmore Vale Magazine, 6 Jan); “there are times when the hounds deviate onto live quarry or when wind shifts the trail,” (Blackmore Vale Magazine, 20 Jan and Western Gazette, 2 Feb – same quote for two separate incidents); and “The hunt was in the wrong. We have apologised and won’t let it happen again,” (Blackmore Vale Magazine, 10 Feb).
The meeting was told that in these days of budget cuts and statistics-led policing, as far as the authorities are concerned, illegal hunting is not reported enough for it to register as a problem that needs resourcing.
One way to address illegal hunting is to report every incident witnessed. I asked the police at our meeting how we, the public, could do this most effectively. They said the answer was to phone 101 and make sure that your complaint is logged. Like it or not, there needs to be a critical mass of complaints before, statistically-speaking, the police actively enforce the Law.
101 is the non-emergency police hotline. Wherever you live the instruction is clear: if you see a Hunt and suspect it’s acting illegally then phone 101 and report it. Make sure the person on the other end gives you an Incident Number too. Pass on this message to your family, friends and neighbours. It might feel like a pointless action in isolation but, together, we can make a worthwhile stand.
Posted by Joe Hashman