Editing Hunting Act 2004 (section)

== Key court cases involving registered hunts==

===Tony Wright (Exmoor Foxhounds): 2006–2009===
Tony Wright, huntsman for the Exmoor Foxhounds, was convicted of illegal hunting with dogs in Barnstaple magistrates court in August 2006 in a private prosecution by the League Against Cruel Sports,<ref>{{cite news|url=https://www.theguardian.com/uk/2006/aug/04/hunting.ukcrime|title=Man found guilty of illegal fox hunting | location=London | work=The Guardian|date=4 August 2006}}</ref> but was then acquitted by the [[High Court of Justice|High Court]] on appeal.<ref name="High Court case"/> The appeal took place at the request of the [[Crown Prosecution Service]] who wished to determine if it is necessary for the prosecution to demonstrate that any hunting taking place was not exempt, or for the defence to prove that it was exempt; also to define what was meant by "hunting". The High Court ruled that it was necessary for the prosecution to prove that the conditions of the exemption had not been met. It also ruled that for the offence of "hunting a wild mammal" to take place there must be an identifiable mammal.<ref name="High Court case"/>

=== Julian Barnfield (Heythrop Hunt): 2009 ===
Charges of illegal hunting of a fox between November 2008 and February 2009 brought against Julian Barnfield of the Heythrop Hunt by the [[Crown Prosecution Service]] were dropped in March 2009 in response to the earlier High Court ruling in the Tony Wright case that 'searching' for a mammal was not hunting and that "hunting could only be an 'intentional' activity".<ref>{{cite news |title=Huntsman relieved as fox case is dropped |url=https://www.oxfordmail.co.uk/news/4193513.huntsman-relieved-fox-case-dropped/ |newspaper=Oxford Mail |date=11 March 2009 |access-date=24 October 2020}}</ref>

=== Derek Hopkins and Kevin Allen (Fernie Hunt): 2011 ===
Huntsman Derek Hopkins and terrierman Kevin Allen, employees of the Fernie Hunt from [[Great Bowden]], were convicted of illegal hunting in October 2011.<ref name=Fernie>{{cite news|url=http://www.thisisleicestershire.co.uk/Hunt-pair-guilty-digging-fox-sett/story-12025427-detail/story.html|title=Two Fernie Hunt employees are found guilty of digging fox out of sett|archive-url=https://web.archive.org/web/20130813165351/http://www.thisisleicestershire.co.uk/Hunt-pair-guilty-digging-fox-sett/story-12025427-detail/story.html|archive-date=13 August 2013 |newspaper=Leicester Mercury |date=13 January 2011 |access-date=7 April 2024}}</ref> They also lost their appeal, partly based on video evidence collected by the [[League Against Cruel Sports]].<ref>{{cite web|url=http://www.lutterworthmail.co.uk/news/crime/hunt_appeal_dismissed_with_video_1_3160126|work=Lutterworth Mail|title=Hunt appeal dismissed, with VIDEO |date=20 October 2011|access-date=17 November 2011 |archive-url=https://web.archive.org/web/20161109054917/https://www.harboroughmail.co.uk/news/crime/hunt_appeal_dismissed_with_video_1_3160126 |archive-date=9 November 2016}}</ref> It was the third successful prosecution for illegal fox hunting using the 2004 Act.<ref name=Fernie/>

=== Crawley and Horsham Hunt: 2008–2013 ===

In 2008, the [[Crawley and Horsham Hunt]] launched a legal action in the High Court for trespass, nuisance, and harassment against Simon and Jane Wild of West Sussex Wildlife Protection and West Sussex Badger Protection Group. The hunt used Timothy Lawson-Cruttenden, an expert in the use of the Protection from Harassment Act 1997 in such cases. This was viewed as a test case and received support from the Countryside Alliance, the Master of Foxhounds Association and 80 landowners and if successful was planned to lead to a request for an injunction against everyone associated with these groups from interfering with the hunt. The defendants claimed to have evidence of illegal hunting taking place and were asking the court to accept this as a defence to the Harassment Act action. The original judge, Justice Cranston, stepped down in July 2008 due to earlier comments made in support of the ban made while an MP. During the second trial it was reported that the judge dismissed nuisance and trespass, because they had "fundamental defects", leaving only harassment. It was also reported that the protestors, using an undercover infiltrator, had been able to get hold of conclusive evidence that the claimants were engaged in illegal fox hunting. The principal plaintiff, Simon Greenwood, was filmed using his hounds to chase a fox to ground and then call in terrier-men to dig it out and throw it to the hounds. The plaintiffs dropped the case in July 2009, and agreed to pay costs estimated at over £120,000.<ref name=drops_court_case>{{cite news|url=http://www.theargus.co.uk/news/4494900.Sussex_hunt_drops_court_case_against_activists/|title=Sussex hunt drops court case against activists |newspaper=The Argus |date=16 July 2009 |first=Samuel |last=Underwood |access-date=7 April 2024}}</ref><ref>{{cite magazine |url=http://www.horseandhound.co.uk/competitionnews/392/286742.html |title=Crawley & Horsham hunt drops fight against saboteurs |first=Charlotte |last=White |date=25 July 2009 |magazine=Horse & Hound |access-date=23 March 2024 |archive-url=https://web.archive.org/web/20121004145808/http://www.horseandhound.co.uk/competitionnews/392/286742.html |archive-date=4 October 2012}}</ref>

Officials of the Crawley and Horsham Hunt were found guilty in May 2012 of Hunting Act offences: professional huntsman Andrew Phillis, joint master Neill Millard and the hunt secretary Rachel Holdsworth were convicted on a total of five charges of illegally hunting. Millard and Holdsworth were fined £1000 each and both ordered to pay £2500 costs. Phillis was later sentenced to a £500 fine and £2500 costs.<ref>{{cite news|url=https://www.theguardian.com/uk/2012/may/14/hunt-members-guilty-fox-hounds?newsfeed=true|title=Hunt members found guilty of illegally pursuing fox with hounds | location=London | work=The Guardian|first=Owen|last=Bowcott|date=14 May 2012}}</ref>

In September 2013, professional huntsman Nicholas Bycroft pleaded guilty to an offence under Section 1 of the Hunting Act: he admitted illegally hunting a fox during a meet at Angmering Park, near Arundel, West Sussex, on 19 February 2013. He was given a 12-month conditional discharge, £150 costs and £15 [[victim surcharge]].

=== RSPCA vs Heythrop Hunt: 2012 ===
In December 2012 the [[RSPCA]] took out a private prosecution against Heythrop Hunt Limited. This was a landmark case, as it was the first time that an organized hunt was prosecuted as a corporate body. The Heythrop Hunt, its Huntsman, Julian Barnfield, and its Senior Master, Richard Sumner, all pleaded guilty to four charges of illegally hunting a fox at Oxford magistrates court in December 2012.<ref>{{cite news |url=https://www.oxfordmail.co.uk/news/10113373.update-heythrop-found-guilty-illegal-fox-hunting/ |title=UPDATE: Heythrop found guilty of illegal fox hunting |newspaper=Oxford Mail |date=18 December 2012 |access-date=24 October 2020}}</ref> Barnfield, a former huntsman with the Heythrop and one of those convicted, said that the case had been politically motivated with its links with David Cameron's constituency.<ref>{{cite news|url=https://www.theguardian.com/uk/2012/dec/17/david-cameron-hunt-convicted-rspca|title=David Cameron's local hunt convicted after RSPCA prosecution | location=London | work=The Guardian|first=Caroline|last=Davies|date=17 December 2012}}</ref> The presiding magistrate called the RSPCA's £327,000 costs "staggering";<ref>{{cite news|url=https://www.bbc.co.uk/news/uk-england-oxfordshire-20758022|title=Heythrop Hunt members admit illegal fox hunting | publisher=BBC News | date=17 December 2012}}</ref> however, Gavin Grant, the chief executive of the RSPCA, said that the organisation would prevent cruelty to animals by all lawful means and had prosecuted 1,341 individuals and secured 3,114 convictions in the past year with a success rate of more than 98%.<ref>{{cite news|url=https://www.theguardian.com/commentisfree/2012/dec/19/rspca-job-to-sue-heythrop-hunt|title=Why the RSPCA pursued a Heythrop Hunt prosecution | location=London | work=The Guardian|first=Gavin|last=Grant|date=19 December 2012}}</ref>

===Other cases===
Subsequently, three pending prosecutions against hunts, including one brought privately by the League Against Cruel Sports, were dropped<ref>{{cite web|url=http://www.horseandhound.co.uk/news/392/280580.html |last=Butcher |first=A. |title=Case dropped against hunting men arrested in dawn raids in 2007 |publisher=Horse and Hound |date=14 April 2009 |access-date=2 October 2009 |archive-url=https://web.archive.org/web/20090810074926/http://www.horseandhound.co.uk/news/392/280580.html |archive-date=10 August 2009}}</ref> and a further two cases which did reach court were thrown out at the conclusion of the prosecution cases when the District Judges ruled that there was no case to answer.<ref>{{cite web|url=http://www.cwherald.com/news/stories/cleared-huntsman-criticises-waste-of-money-20090921333539.htm |title=Cleared huntsman criticises waste of money |work=Cumberland and Westmoreland Herald|date=21 September 2009 |access-date=2 October 2009 }}{{dead link|date=April 2017 |bot=InternetArchiveBot |fix-attempted=yes }}</ref>

From March to November 2013, staff of six separate hunts were either acquitted of Hunting Act offences or had the prosecutions against them dropped, including three foxhound packs (The York & Ainsty South, the Avon Vale and the Ledbury), a harrier pack (Weston & Banwell Harriers), a staghound pack (The Quantock Staghounds) and a beagle pack (The [[Royal Agricultural College|RAC Beagles]]).

In September 2013 David Parker, the huntsman of the Seavington Hunt, was fined after he admitted illegally hunting a fox with dogs in Dorset. The prosecution was brought by the RSPCA with evidence from the International Fund for Animal Welfare (IFAW).<ref>{{cite news|url=https://www.bbc.co.uk/news/uk-england-24077013|title=Somerset man pleads guilty to hunting fox with dogs| location=London | publisher=BBC News|date=13 September 2013}}</ref>