Last amended by Serious Organised Crime and Police Act 2005 in 2005. Repealed s.7 (the Act's specific power of arrest) as a consequence of the new general power of arrest for all offences.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Summary
The Hunting Act 2004 made it a criminal offence to hunt wild mammals (notably foxes, deer, hares, and mink) with dogs in England and Wales, and to participate in or facilitate hare coursing. Hunting is lawful only where it falls within one of the categories of 'exempt hunting' set out in Schedule 1 — such as stalking and flushing out to be shot using no more than two dogs, the use of a dog below ground to protect birds kept for shooting, and certain rodent and rabbit control — each subject to strict conditions. The Act does not extend to Scotland, which has its own separate legislation. It is constitutionally significant as the first Act in over fifty years to be passed under the Parliament Acts 1911 and 1949 after the House of Lords declined to approve it; the validity of that procedure was unsuccessfully challenged in R (Jackson) v Attorney General [2005] UKHL 56.
Key Points
- Criminal offence to hunt a wild mammal with a dog unless the hunting is exempt (s.1)
- Exempt hunting (s.2 and Schedule 1) — narrow exceptions such as stalking/flushing out to guns with no more than two dogs, subject to conditions
- Hare coursing offences (s.5) — participating in, attending, or facilitating a hare coursing event
- Enforcement powers including search, seizure, and forfeiture (ss.8-9)
- Passed under the Parliament Acts 1911 and 1949 after the Lords rejected it; upheld in R (Jackson) v Attorney General
Parts & Sections
Amendments History
2005 — Serious Organised Crime and Police Act 2005
Repealed s.7 (the Act's specific power of arrest) as a consequence of the new general power of arrest for all offences.
Frequently asked questions
- What does the Hunting Act 2004 make illegal?
- The Hunting Act 2004 makes it a criminal offence to hunt wild mammals, such as foxes, deer, hares, and mink, with dogs in England and Wales. It also criminalises participating in or facilitating hare coursing. However, hunting remains lawful if it falls within specific 'exempt hunting' categories listed in Schedule 1 of the Act, provided strict conditions are met.
- What types of hunting are allowed under the Act?
- Exempt hunting is only permitted if it fits specific categories in Schedule 1 of the Act. Examples include stalking and flushing out animals to be shot using no more than two dogs, using a dog below ground to protect birds kept for shooting, and certain rodent and rabbit control. Each category is subject to strict conditions that must be followed to avoid committing an offence.
- Are there specific offences related to hare coursing?
- The Act creates specific offences related to hare coursing. It is illegal to participate in, attend, knowingly facilitate, or permit land to be used for a hare coursing event. These provisions are distinct from the general offence of hunting wild mammals with dogs and are designed to specifically target organised hare coursing activities.
- Does the Hunting Act apply in Scotland?
- The Hunting Act 2004 applies only to England and Wales. It does not extend to Scotland, which has its own separate legislation governing the hunting of wild mammals with dogs. Therefore, the legal rules and exemptions described in this Act do not apply to activities taking place in Scotland.
- What are the penalties for breaking the Hunting Act?
- If a person is convicted of an offence under the Act, they face a fine on summary conviction. Additionally, a court may order the forfeiture of dogs, vehicles, and other items used in the offence. Police constables also have powers of search and seizure where an offence is reasonably suspected.
- How was the Hunting Act passed if the House of Lords rejected it?
- The Act was passed using the Parliament Acts 1911 and 1949 after the House of Lords declined to approve it. This made it the first Act in over fifty years to be passed in this manner. The validity of this procedure was challenged in the case R (Jackson) v Attorney General, but the challenge was unsuccessful, upholding the Act's legality.