Policing the Hunting Act
Posted in Unit 1 on May.14, 2008
In 2004, the Hunting Act was passed to make hunting with dogs (particularly fox hunting) illegal. In 2004-2006, there were 14 prosecutions under the act. But does the number of prosecutions reflect the number of offences that have been committed? Is the law being enforced?
Tory MP Anne Widdecombe argues that it isn’t, that the law is routinely broken and that more needs to be done to police it. She recognises that police resources are stretched, and so her proposed solution is to license and protect hunt monitors, members of the public who film hunts to collect video evidence of offences.
Without considering the specifics of any particular alleged breach of the law, we can see why the general context of hunts makes it difficult to discover whether an offence has been committed.
First, there are difficulties in collecting evidence. Hunts are fast-paced, and take place over a wide area on an improvised route, making them very difficult to observe. The fact that hunts go into wild areas, away from people, also reduces the number of incidental witnesses to them.
Second, many witnesses are likely to have reasons to distort the truth about what happened on a hunt. Those on the hunt (and the landowners) will want to avoid prosecution for any offences committed, so may lie about their actions. Hunt monitors tend to be opposed to hunting, looking for ways to incriminate the hunt, which means that their evidence must be treated with extreme caution. Add in the financial interests that locals have in the hunts continuing, and reports of hunters intimidating witnesses, and there will be concerns about the credibility of most of the witnesses to a hunt.
Third, interpreting the evidence can be difficult. The law is complex and technical. Whether an offence has been committed can turn on such details as the number of dogs, what the dogs are being used for, why the animal is being hunted, or whether it is harmed. In some cases, understanding whether the law has been broken will take legal expertise that many observers lack.
All of these things make it difficult to be sure of just how many hunting offences are being committed. They also go some way to explaining why offences that are committed may go unprosecuted. If we want to see the Hunting Act enforced, then the challenge is to find a way of collecting evidence that addresses these problems.