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 Repealed s.7 (the Act's specific power of arrest) as a consequence of the new general power of arrest for all offences.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Repealed s.7 (the Act's specific power of arrest) as a consequence of the new general power of arrest for all offences.