Dogs killing rabbits - am i in trouble?

[Moll. 1,770]

I was thinking that the terrier has probably accidentally caught one in the seat, it has happened to me before

[paulus 26]

I was thinking that the terrier has probably accidentally caught one in the seat, it has happened to me before

ive seen the beagles take loads that way as if the hare hadnt herd the pack coming or just thought they were safe

[events co-ordinator 353]

Protection of Wild Mammals act 2002(Scotland) and Animal Welfare act 2006(Scotland) it's also illegal to have rabbit(s) in your possession without a reasonable explanaition Wildlife and Natural Environment act 2011(Scotland) the WANE act take your pick all the info you need is there Pm me if you need more info or a LAWYER

[sandymere 8,263]

Wind up?????

[Tania Welsh 3]

Protection of Wild Mammals act 2002(Scotland) and Animal Welfare act 2006(Scotland) it's also illegal to have rabbit(s) in your possession without a reasonable explanaition Wildlife and Natural Environment act 2011(Scotland) the WANE act take your pick all the info you need is there Pm me if you need more info or a LAWYER

 

Thanks for this. I think i'm gonna write to my MP about the subject because the law is not aimed at the situation i'm describing and i want to be as clear as i can be.

How many times have i been out a walk with my dogs and seen other dogs chasing n barking at seagulls on the beach, squirrels in the park, rabbits in the woods, pigeons in the park, ducks in the pond....it happens every day. These folk are not out hunting but no-one bats an eyelid at the dogs chasing and barking at these critters/vermin whatever u want to call them. My question is very specifically aimed at this situation should the dog (by fluke or otherwise) catch hold of a seagull, rabbit, squirell, pigeon, duck and kills it? Hardly a threat to national security, nor a deliberate act of 'poaching' and i would also argue (in the case of rabbits and pigeons) not a crime against wildlife, surely not? Hopefully common sense would prevail in these situations (which must happen now n then) but i just want to know what the law has to say on the matter. There's soooo many 'Acts' in relation to endagered wildlife and hunting, even the control of dogs order covers stuff about dogs worrying livestock, everything seems to be covered except this?

[paulus 26]

Protection of Wild Mammals act 2002(Scotland) and Animal Welfare act 2006(Scotland) it's also illegal to have rabbit(s) in your possession without a reasonable explanaition Wildlife and Natural Environment act 2011(Scotland) the WANE act take your pick all the info you need is there Pm me if you need more info or a LAWYER

 

Thanks for this. I think i'm gonna write to my MP about the subject because the law is not aimed at the situation i'm describing and i want to be as clear as i can be.

How many times have i been out a walk with my dogs and seen other dogs chasing n barking at seagulls on the beach, squirrels in the park, rabbits in the woods, pigeons in the park, ducks in the pond....it happens every day. These folk are not out hunting but no-one bats an eyelid at the dogs chasing and barking at these critters/vermin whatever u want to call them. My question is very specifically aimed at this situation should the dog (by fluke or otherwise) catch hold of a seagull, rabbit, squirell, pigeon, duck and kills it? Hardly a threat to national security, nor a deliberate act of 'poaching' and i would also argue (in the case of rabbits and pigeons) not a crime against wildlife, surely not? Hopefully common sense would prevail in these situations (which must happen now n then) but i just want to know what the law has to say on the matter. There's soooo many 'Acts' in relation to endagered wildlife and hunting, even the control of dogs order covers stuff about dogs worrying livestock, everything seems to be covered except this?

the hunting act is crystal clear unless you have the land owners or the person who rents the lands permission you are breaking the law.

[skycat 6,173]

But they have to prove that you intended to allow your dog to chase a wild animal. If you are genuinely just out for a walk and your dog accidently finds and chases something, you are not liable to prosecution...........it was an accident, and like you say, dogs chase things............BUT how they (the powers that be) interpret your explanation, should you be seen or caught with a dog that is chasing, depends largely on what sort of dog it is and whether or not you appear to be the sort of person who would deliberately want their dogs to catch animals.

 

I don't know if there have been any prosecutions of people whose pet dogs found and chased a wild mammal without the owner's intent: has anyone heard of any such cases?

[1Wally 204]

But they have to prove that you intended to allow your dog to chase a wild animal. If you are genuinely just out for a walk and your dog accidently finds and chases something, you are not liable to prosecution...........it was an accident, and like you say, dogs chase things............BUT how they (the powers that be) interpret your explanation, should you be seen or caught with a dog that is chasing, depends largely on what sort of dog it is and whether or not you appear to be the sort of person who would deliberately want their dogs to catch animals.

 

I don't know if there have been any prosecutions of people whose pet dogs found and chased a wild mammal without the owner's intent: has anyone heard of any such cases?

 

I agree, and in this instance, as long as the op isnt wearing full camo and carrying a game bag im sure it wouldnt end with a prosecution. Atb

Edited May 2, 2012 by 1Wally

[events co-ordinator 353]

Protection of Wild Mammals act 2002(Scotland) and Animal Welfare act 2006(Scotland) it's also illegal to have rabbit(s) in your possession without a reasonable explanaition Wildlife and Natural Environment act 2011(Scotland) the WANE act take your pick all the info you need is there Pm me if you need more info or a LAWYER

 

Thanks for this. I think i'm gonna write to my MP about the subject because the law is not aimed at the situation i'm describing and i want to be as clear as i can be.

How many times have i been out a walk with my dogs and seen other dogs chasing n barking at seagulls on the beach, squirrels in the park, rabbits in the woods, pigeons in the park, ducks in the pond....it happens every day. These folk are not out hunting but no-one bats an eyelid at the dogs chasing and barking at these critters/vermin whatever u want to call them. My question is very specifically aimed at this situation should the dog (by fluke or otherwise) catch hold of a seagull, rabbit, squirell, pigeon, duck and kills it? Hardly a threat to national security, nor a deliberate act of 'poaching' and i would also argue (in the case of rabbits and pigeons) not a crime against wildlife, surely not? Hopefully common sense would prevail in these situations (which must happen now n then) but i just want to know what the law has to say on the matter. There's soooo many 'Acts' in relation to endagered wildlife and hunting, even the control of dogs order covers stuff about dogs worrying livestock, everything seems to be covered except this?

the hunting act is crystal clear unless you have the land owners or the person who rents the lands permission you are breaking the law.

THE HUNTING ACT DOES NOT APPLY TO SCOTLAND THE ACT IN SCOTLAND IS THE PROTECTION OF WILD MAMMALS ACT 2002 (SCOTLAND) AND IT STATES A PERSON MUST NOT DELIBERATELLY HUNT A WILD MAMMAL WITH A DOG. Here is the problem if you take your dog(s) out and they chase and kill a rabbit on land where you have no permission to be there you have not deliberatelly hunted the animal BUT if this happens once and YOU don't take steps to stop it happening AGAIN this will be regarded as a RECKLESS breach of the act. Like it or not you are responsible for the behaviour of your dogs and under the s called right to roam act you are required to have your dog on a fixed lead. Write to your MSP if you like but as most Msp's and their researchers are antis I would not waste ink on this one.

[Tania Welsh 3]

But they have to prove that you intended to allow your dog to chase a wild animal. If you are genuinely just out for a walk and your dog accidently finds and chases something, you are not liable to prosecution...........it was an accident, and like you say, dogs chase things............BUT how they (the powers that be) interpret your explanation, should you be seen or caught with a dog that is chasing, depends largely on what sort of dog it is and whether or not you appear to be the sort of person who would deliberately want their dogs to catch animals.

 

I don't know if there have been any prosecutions of people whose pet dogs found and chased a wild mammal without the owner's intent: has anyone heard of any such cases?

 

Woould also be interested to know if a 'pet' owner out on a walk has been prosecuted for this. I would hope as i previously said that common sense would prevail in law and realise that 'accidents' happen.

[Tania Welsh 3]

Protection of Wild Mammals act 2002(Scotland) and Animal Welfare act 2006(Scotland) it's also illegal to have rabbit(s) in your possession without a reasonable explanaition Wildlife and Natural Environment act 2011(Scotland) the WANE act take your pick all the info you need is there Pm me if you need more info or a LAWYER

 

Thanks for this. I think i'm gonna write to my MP about the subject because the law is not aimed at the situation i'm describing and i want to be as clear as i can be.

How many times have i been out a walk with my dogs and seen other dogs chasing n barking at seagulls on the beach, squirrels in the park, rabbits in the woods, pigeons in the park, ducks in the pond....it happens every day. These folk are not out hunting but no-one bats an eyelid at the dogs chasing and barking at these critters/vermin whatever u want to call them. My question is very specifically aimed at this situation should the dog (by fluke or otherwise) catch hold of a seagull, rabbit, squirell, pigeon, duck and kills it? Hardly a threat to national security, nor a deliberate act of 'poaching' and i would also argue (in the case of rabbits and pigeons) not a crime against wildlife, surely not? Hopefully common sense would prevail in these situations (which must happen now n then) but i just want to know what the law has to say on the matter. There's soooo many 'Acts' in relation to endagered wildlife and hunting, even the control of dogs order covers stuff about dogs worrying livestock, everything seems to be covered except this?

the hunting act is crystal clear unless you have the land owners or the person who rents the lands permission you are breaking the law.

THE HUNTING ACT DOES NOT APPLY TO SCOTLAND THE ACT IN SCOTLAND IS THE PROTECTION OF WILD MAMMALS ACT 2002 (SCOTLAND) AND IT STATES A PERSON MUST NOT DELIBERATELLY HUNT A WILD MAMMAL WITH A DOG. Here is the problem if you take your dog(s) out and they chase and kill a rabbit on land where you have no permission to be there you have not deliberatelly hunted the animal BUT if this happens once and YOU don't take steps to stop it happening AGAIN this will be regarded as a RECKLESS breach of the act. Like it or not you are responsible for the behaviour of your dogs and under the s called right to roam act you are required to have your dog on a fixed lead. Write to your MSP if you like but as most Msp's and their researchers are antis I would not waste ink on this one.

yeah, think you're right about MSP. Probably be opening a can of worms i'd regret. I'll go look at that act u quoted for scotland, thanks for the info!

[events co-ordinator 353]

when it happens once it MAY be regarded as an accident depending on the views of the cop you are dealing with, but if it happens more than once it is regarded as a reckless act because you knew it could happen but did not take steps to prevent it. These are the specific words used in the second evidence session whilst my old man was giving evidence to the Rural Affairs comittee its all been thrashed out that is how as yet No LEGITIMATE pest control with Terriers or hounds has been succesfully prosecuted in Scottish courts. You also said it was a working spaniel if they start investigating that will come to their attention when they take your computer for evidence.

[events co-ordinator 353]

On a lighter note my old man will be at the terrier show at NEILSTON on Saturday you can take the spaniel to the Scurry and the terrier to the terrier show.

[dixiebop 125]

But they have to prove that you intended to allow your dog to chase a wild animal. If you are genuinely just out for a walk and your dog accidently finds and chases something, you are not liable to prosecution...........it was an accident, and like you say, dogs chase things............BUT how they (the powers that be) interpret your explanation, should you be seen or caught with a dog that is chasing, depends largely on what sort of dog it is and whether or not you appear to be the sort of person who would deliberately want their dogs to catch animals.

 

I don't know if there have been any prosecutions of people whose pet dogs found and chased a wild mammal without the owner's intent: has anyone heard of any such cases?

 

I agree, and in this instance, as long as the op isnt wearing full camo and carrying a game bag im sure it wouldnt end with a prosecution. Atb

SO if I was wearing a Bright Yellow Hiking jkt.and my lunch bag it would be O.K. Why should the type of Attire anyone chooses to wear,make them anymore likely to be committing a crime in the eyes of the Law ? Shouldn't make a blind bit of difference..

E . C. your dads taught you well,good info...I'm off to stumble across a few Squirrels for the 1st time with the pup.

[events co-ordinator 353]

My old man and Junior and possibly some of the other old ex Fell & Moorland will be there and remember a raffle prize if your coming Neilston Agricultural show Sat terrier show.

Edited May 3, 2012 by events co-ordinator