Legal question
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Legal question
A question for the Flying Lawyer really, to do with the new anti-hunting law and airside passes. It is a bit of a contraversial question and I have spent practically my entire life arguing the rights and wrongs of it so if anyone wants to debate hunting I would suggest meeting me over on www.hounds.com.
Anyway. My question is what would be the criminal charge against someone who happened to be caught riding a horse, or even driving a 4x4, while a pack of hounds were being exercised nearby and they happened to run out of control and kill a fox? In this week's Horse and Hound the Association of Chief Police Officers says people caught hunting won't get a criminal record, just a fine and a conviction which will have to be declared, for example, when applying for a firearms licence or working with children. Defra, on the other hand, says they intend for it to be a recordable offence. It all sounds as though with only two weeks to go noone stills knows what is going on. How would this affect the ability to apply for and keep an airside pass?
FWIW I do not intend to break the law in any way. However I do intend to tag along on any rides my hunt organises, but hounds are bred with the sole purpose of chasing prey and I don't want to lose my job if a pleasant afternoon's drag hunt turns into something more.
Anyway. My question is what would be the criminal charge against someone who happened to be caught riding a horse, or even driving a 4x4, while a pack of hounds were being exercised nearby and they happened to run out of control and kill a fox? In this week's Horse and Hound the Association of Chief Police Officers says people caught hunting won't get a criminal record, just a fine and a conviction which will have to be declared, for example, when applying for a firearms licence or working with children. Defra, on the other hand, says they intend for it to be a recordable offence. It all sounds as though with only two weeks to go noone stills knows what is going on. How would this affect the ability to apply for and keep an airside pass?
FWIW I do not intend to break the law in any way. However I do intend to tag along on any rides my hunt organises, but hounds are bred with the sole purpose of chasing prey and I don't want to lose my job if a pleasant afternoon's drag hunt turns into something more.
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Rainboe,
many thanks for pointing me in the direction of the Questions board. I have not visited Pprune for a long time (and therefore did not know about the questions forum) due to the increasingly nitpicky and irrelevant nature of some of the posts, but thanks to your concern I now know it is there. I don't think my question is right for the Jetblast forum as it is actually something that could have a big impact on a professional pilot's ability to carry ou their job, and I know LOTS of pilots who would have an interest in this question - not least the amateur jockey/captain featured recently in Horse and Hound.
many thanks for pointing me in the direction of the Questions board. I have not visited Pprune for a long time (and therefore did not know about the questions forum) due to the increasingly nitpicky and irrelevant nature of some of the posts, but thanks to your concern I now know it is there. I don't think my question is right for the Jetblast forum as it is actually something that could have a big impact on a professional pilot's ability to carry ou their job, and I know LOTS of pilots who would have an interest in this question - not least the amateur jockey/captain featured recently in Horse and Hound.
Warning Toxic!
Disgusted of Tunbridge
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But why walk all over the forum structure? It's like going into a public library and putting a novel back into a science section. A forum structure is there to help the readers find what they want- this is like telling jokes at a funeral- it is more than out of place. Don't you think people have enough to do without having to shift this in their spare time?
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Very good question but as Rainboe says not really an R&N thread.
Not a question I would attempt to answer with any accuracy but I'm sure Flying Lawyer will give you the best advice available!
FWIW it appears to be the case that nobody actually knows what will happen until such time as the CPS decide to pursue a prosecution under the act, and if they do clearly it will be a matter for the Courts to decide.
I've no doubt however that the decision in first instance will go to the Court of Appeal and then probably the House of Lords, which is what usually happens when no one knows what the law is.
Not surprising that the Lords ruled against the hunting lobby's specious argument that the Parliament Acts are invalid, however. They were never going to win on that.
Not a question I would attempt to answer with any accuracy but I'm sure Flying Lawyer will give you the best advice available!
FWIW it appears to be the case that nobody actually knows what will happen until such time as the CPS decide to pursue a prosecution under the act, and if they do clearly it will be a matter for the Courts to decide.
I've no doubt however that the decision in first instance will go to the Court of Appeal and then probably the House of Lords, which is what usually happens when no one knows what the law is.
Not surprising that the Lords ruled against the hunting lobby's specious argument that the Parliament Acts are invalid, however. They were never going to win on that.
Last edited by Wedge; 3rd Feb 2005 at 22:32.
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My question is what would be the criminal charge against someone who happened to be caught riding a horse, or even driving a 4x4, while a pack of hounds were being exercised nearby and they happened to run out of control and kill a fox?
You might like to find out if the hunting dogs come under the domestic dogs laws once hunting is banned.
http://www.defra.gov.uk/animalh/welf...estic/dogs.htm
Bluey
There may be more complex issues to debate but ...
... might cover it. If we assume that any place where one might find a 4WD being driven, or a horse being ridden, is a public place, then it probably falls to the owner/s of the dogs to keep them under control. If that is the case, then I don't see why charges would be brought against any rider or driver who happened to be in the vicinity. Whoever has charge of the dogs would be the one to cop it wouldn't they?
Section 3 of the 1991 Act created a new offence of being an owner of a dog of any type or breed which is dangerously out of control in a public place or a non-public place in which it is not permitted to be.
