Dramatic High Court Decision
Last week the High Court rejected an appeal and upheld the judgment that acquitted Exmoor Huntsman Tony Wright (see below). In legal terms the judgment limits the definition of 'hunting' to the pursuit of a mammal with dogs; it upholds the presumption of innocence for people involved in legal hunting by putting the burden of proof on the prosecution to prove that any hunting is illegal; and it confirms that 'hunting' can only be intentional - you cannot hunt by accident.
In practical terms the ruling will make the prosecution of those involved in exempt hunting much more difficult. The CPS argued in court that if it lost this appeal "prosecutions under the 2004 Act would rarely be viable". Only three hunts have been successfully prosecuted since the Act came into force in 2005, and 5 people connected to them have been convicted. If prosecutors do not regard the Act as viable then there may now be even fewer cases. The police, meanwhile, will be left wondering how to enforce the unenforceable.
Tim Bonner, C.A. Head of Media, who also runs the Alliance's hunting campaign
NB: Tim is very happy to field your queries - best contact: hunting@countryside-alliance.org
Some of the reaction to this week’s High Court ruling:
Harry Stephenson, joint-master and huntsman of the York & Aintsy (South), said: “I cannot believe so much court time is being wasted on such nonsense. Real criminals such as burglars, muggers, people who are genuinely cruel to animals - such as the group of kids who tried to BBQ two seven-week-old puppies go untried and unpunished because the court agenda is full. It's unbelievable. The Hunting Act is un-workable, everyone knows that, it is simply that some people do not want to admit it.”
Simon Hart, Chief Executive of the Countryside Alliance, said: “Even before today’s judgment only five people connected to hunts have been convicted of any offence since the Act came into force. The CPS argued in court that if it lost this appeal prosecutions under the 2004 Act would rarely be viable so there should now be even fewer prosecutions. The Hunting Act is an increasingly pointless piece of legislation that offered little and has achieved less. Politicians of all parties are coming to realise that it has failed and it is now a question of when, not if, the Hunting Act is repealed.”
Brian Friend, Legal Adviser UCSW, said: “The Union of Country Sports Workers welcomes the High Court ruling, which has today rejected an appeal by The Crown Prosecution Service (CPS) against a judgment that acquitted UCSW Member and Exmoor Huntsman, Tony Wright of illegal hunting. UCSW member Tony Wright is to be congratulated for standing his ground. This High Court ruling reaffirms the golden thread that runs through our system of justice, that a man is innocent until proved guilty. It is for the prosecuting authorities to prove guilt - not for the accused to prove innocence. The sadness is that such a case was brought by the Crown Prosecution Service at all.
Edna Philp, joint-master and huntsman of the De Burgh and North Essex Bassets, said: “At last we have someone who is prepared to speak common sense and defend the right of the individual, which would naturally be in any other situation. It gives us heart in knowing we are doing the right thing, our beliefs, our way of life we hold so dear, the freedom to carry on doing what for generations has been a very traditional country way of life. Fantastic."
Frank Houghton Brown, joint-master and huntsman of the Tynedale Foxhounds, said: “This is excellent news. It must be horrendous to be arrested for something and then have to prove your innocence, so it has certainly turned things around. Hopefully, it will all soon be irrelevant when the repeal comes.”
Roger Westmorland, joint-master of the Coniston Foxhounds in the Fells of Cumbria: “It’s good news, and a good turnaround. At last common sense is prevailing among the politicians.”
Currently studying for her A-levels 17 yro Emily du Luart has hunted with the Warwickshire Foxhounds since the age of two: “I think it is great news about the recent ruling by London’s High Court. From now on anyone, or any hunt, prosecuted under the Hunting Act 04 is ‘innocent until proven guilty.’ I hope Exmoor huntsmen Tony Wright will now have the case against him finalised and brought to a close. This case highlights the inconsistencies in this law and illustrates that the courts are unable to implement the law as it stands. This ruling is also great news for hunting in general, the people involved and those who benefit from the activity, and I have my fingers crossed that this will be a big step in ensuring the Act is repealed as soon as possible.”
Click Here to read all you need to know when out hunting: farmers and landowners, the Police, general advice for everyone involved in hunting - including Definition of Hunting, Intent, Legal Hunting Activities, Exempt Hunting, Trespass, Trail Hunting, Flushing, Hound Exercise. Also, how to hunt legally with Foxhounds, Harriers, Beagles, and Bassets. Courtesy of Countryside Alliance.
Click Here to read all about the latest update to the Tony Wright case.
You can read the full texts of the verdict: