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
22nd October 2015
News on Wednesday 21 October 2015 of another successful hunter appealing conviction has left Hounds Off totally confused. Here’s the background:
We hear that in March 2014 investigators from the League Against Cruel Sports used remote camera technology to film badgers going in and out of their sett for a few nights prior to the Middleton Fox Hunt meeting in the area. Some of this film was of badgers taking bedding down their holes.
Then, on the morning of the fox hunt, they filmed an active supporter of the Middleton Fox Hunt blocking the holes. On subsequent nights, more footage of badgers at the holes was obtained by the same investigators in the same way. The hunt supporter was convicted under the Badger Protection Act but appealed his conviction. He was cleared on Appeal at York Crown Court.
The Yorkshire Post reported the reason for blocking the hole. “The aim was to prevent the fox escaping from a chasing pack during the Middleton Hunt, which was due to meet on March 29 last year,” their article said.
They further reported, “Crucially, there was no evidence that the sett was in use on the day of the hunt. Mr Jameson QC, who was sitting with magistrates, said that although it was obvious that Martin [the hunt supporter] had blocked entrances to the sett, ‘we do not think that the evidence alone can prove there were signs of current use by a badger’.”
Our eyes-rolling reaction to this wildlife crime injustice starts with the fact that badgers are shy, nocturnal by nature and quite domestic in the spring. Was film of badgers introducing fresh bedding not enough evidence of badgers at home, most likely with young? Indeed, was this vital evidence used and if not why not? How fully prepared was the CPS Barrister? Who were the expert witnesses (from both sides) and how ‘expert’ were they really? What on earth was Judge Jameson thinking and why? We could go on.
But also, and this is a massive ask in the current political climate, how can illegal fox hunting be a reason for blocking the badger sett in the first place? In their report on the case, the Yorkshire Post opens with this; “A fox-hunting devotee has won his appeal against a conviction for blocking up badger setts to give huntsmen and hounds a better chance of reaching their quarry.”
The Countryside Alliance trots out their predictable spiel about wildlife crime fighting being a waste of taxpayers money, like they give a damn.
Wildlife crime fighting is important because abusing animals is not good for the animals that suffer or the damaged individuals who enjoy it. We stand with the compassionate 80% majority who agree, the investigators who work tirelessly to expose it, and policemen like Jez Walmsley from Malton Nick. It’s a mark of the man that eight years after contributing significantly to a high profile hare coursing prosecution in his back yard, and many more besides, he’s still seeking justice for hunted wildlife.
Alas, in this case almost everyone else has serious questions to answer.
© Joe Hashman
24th August 2015
A new season of fox hunting begins as soon as the harvest is in sufficiently to afford access to the land. In many parts of the country this means that during August, and certainly from September, hunts are out in force with horses, hounds and four-wheel drive vehicles.
Fox hunting in late summer and autumn is a prelude to the pomp and ceremony of the full season which runs mostly from end Oct/early Nov until March or April. Since the 2004 Hunting Act outlawed fox hunting, participants refer to autumn hunting as ‘hound exercise’. Before then it was known more honestly as ‘cub hunting’ (or ‘cubbing’ for short).
Hunt supporters may claim that what is described below is outdated because hunting is different since the Hunting Act. Actually, most of the evidence we have seen and heard suggests that very little has changed and the law is being widely flouted. Links at the bottom of this piece are evidence of this. Sure, there have been a few cosmetic tweaks which serve to confuse the issue, but the following is as true before the ban as now, ten years after. That’s why Hounds Off and many others are calling for the Hunting Act to be strengthened in ways which mean that foxes (and other abused wild animals) are afforded better protection.
The purpose of this article is to outline what cubbing is, what it looks like and how you can report it if you see it (or hear about it on the grapevine).
Cubbing usually starts in the early morning at first light. This means from 6am in mid August, getting later as autumn comes. By mid October 9.30 or 10am is the norm. At the beginning of the day, before the sun is at its full power, hounds are able to smell foxes better. Hounds hunt by scent so are trained to do this at times when conditions are best. In the early season hunts may finish by mid morning or, in late September/October, by mid afternoon.
Evening hunts are popular too. Scent is often good later in the day and an evening ‘meet’ might combine killing foxes with a social occasion (such as a barbecue).
Cubbing is vital for hunting purposes.
The principle objective is training the hounds. They need to recognise the smell, look and taste of a fox as well as how to hunt as a pack. Dog packs will be large. Many are youngsters trying to make the grade. Some older, experienced hounds will be there too, to teach and lead by example.
Young hounds are best trained by hunting and killing a lot of foxes. Cubbing, especially early in the season, is a brutal and bloody affair (though mostly conducted out of sight).
Here’s what the late 10th Duke of Beaufort wrote in his 1980 David & Charles publication, Fox-Hunting, on pages 68/69 (the late Duke had massive status in the hunting world):
“The object of cub-hunting is to educate both young hounds and fox-cubs. As was said earlier, it is not until he has been hunted that the fox draws fully on his resources of sagacity and cunning so that he is able to provide a really good run….I try to be out cub-hunting as often as possible myself, and the ideal thing is for the Master to be out every day….Never lose sight of the fact that one really well-beaten cub killed fair and square is worth half a dozen fresh ones killed the moment they are found without hounds having to exert themselves in their task. It is essential that hounds should have their blood up and learn to be savage with their fox before he is killed.”
If one or two foxes do escape that’s good from a hunting perspective too. These foxes know to get up and running when hounds are about and are dispersed to all over the place to ensure a reliable spread of animals to chase. Later on, when punters pay a tidy fee for the privilege of ‘riding to hounds’, these are the foxes which are hoped to provide the best sport. Hunts are businesses, after all.
By harvest time this years litter of cubs look like young adults and are still in family units. Huntsmen already know where foxes are living. Farmers and gamekeepers supply this information. Hounds will be taken for training to these places, one by one.
Cubbing in August and September often involves surrounding small woods or rough bits of ground with a ring of people on foot and horseback. This is known as ‘holding-up’. Holding-up may also happen around fields of maize or large-leaved crops such as sugar beet. Families of foxes often reside there because they can creep around freely but safely under cover. Woodland or standing crop, old orchard, bramble thicket or somewhere else, a foxy place is called a ‘covert’ (pronounced with a silent ‘t’).
When hounds are first entered into covert there may be complete silence apart from the occasional toot on hunting horn or odd word of encouragement from the Huntsman. Hounds will be searching, noses down, for the smell of a fox. When one hound gets a whiff he or she will ‘speak’. That means they bark in a particular way. As other hounds find the scent too so the speaking gets louder until all the dogs are ‘on cry’ and their collective noise reaches a crescendo.
At this point the fox is darting around in the undergrowth ahead of the pack, trying to escape. If it pops out from the edge of the covert then the surrounding riders and foot followers will shout, clap and slap their saddles to make a wall of noise to scare the fox back. Even if a fox is not seen, but the sound of hounds speaking is close enough to indicate that the fox is running close to the edge, a wall of noise is created. Hunt supporters help considerably to kill foxes during cubbing.
Sooner or later the fox will be caught and killed, either above ground in the jaws of the hounds or when dug out by men with spades and terriers if it tries to hide down a hole. This happens repeatedly until the whole litter is destroyed. Some brave foxes will beat the wall of noise and get away. These are ‘good’ foxes which are hoped to run far and fast during the winter months.
HORSES & HOUNDS RUNNING CROSS COUNTRY
Cub hunting is not all holding-up. Any place likely to provide foxes is tried; hedgerows, streams, field corners, untidy back gardens, derelict farm buildings, even ivy-clad trees. Short hunting runs may be encouraged by hardly holding-up at all or on side only so that, by October and just before the lucrative full season, hounds are hunting their quarry in the open over decent stretches of ground.
Cub hunting has been illegal since February 2005. We advise always report suspected illegal hunting to the police using 101 (dial 999 if 101 is taking too long, or the suspected crime is in progress). Other people to inform are the League Against Cruel Sports via this link or for immediacy on their wildlife crime hotline 01483 361 108 and the Hunt Saboteurs Association via this link, on social media or phone 0845 2501291. All info received is important and will be recorded for future reference or acted upon immediately.
WHAT TO LOOK FOR
Cubbing happens August to October on any day of the week except Sunday, usually in the morning but sometimes in the evening after working hours. Meets are often held in farm yards or fields. Groups of riders, hounds and 4×4 vehicles are tell-tale signs.
The occasion and dress code is informal, even scruffy sometimes. Often nobody wears the distinctive red coats known as ‘hunting pink’. So you may see a hunt but not actually realise it because what you witness looks like just random groups of riders or people assembled at odd times in strange places and apparently looking at nothing.
Hounds running close to or across roads would strongly suggest illegal hunting. Nobody in their right mind would risk laying artificial trails in such dangerous places where the risk of accidents is so real.
Look out too for lines of riders spaced apart at regular intervals along country lanes or in fields and woods. They could be holding-up. Listen out for the ‘wall of noise’ made by hunt followers to frighten foxes. Staccato cries of “Aye-aye-aye!” are commonplace alongside whip-cracking. The combined sound is often unearthly. Riders may converge at pace amid a lot of screaming in an effort to force their quarry back towards the hounds.
Hunts make great play of the fact that they only go to where they’ve been invited. So if a hunt is trespassing on forbidden ground or somewhere else unwelcome then there’s little doubt that they’ll be up to no good.
ACTION YOU CAN TAKE
We advise always report suspected illegal hunting to the police using 101 (dial 999 if 101 is taking too long, or the suspected crime is in progress). Other people to inform are the League Against Cruel Sports via this link or for immediacy on their wildlife crime hotline 01483 361 108 and the Hunt Saboteurs Association via this link, on social media or phone 0845 2501291. All info received is important and will be recorded for future reference or acted upon immediately.
Here is evidence of illegal cub hunting which resulted in prosecutions for members of the Meynell and South Staffs Hunt in 2012:
Here is an expose of the North Cotswold Hunt apparently feeding and housing foxes in artificial homes then hunting them with hounds during an autumn cub hunt in 2014:
On behalf of hunted wildlife, thank you for reading this and for caring.
© Joe Hashman