Section 4 – Hunting Defence
S.4 – It is an defence for a person charged with an offence under section 1 in respect of hunting to show that he reasonably believed that the hunting was exempt.
Any defendant who relies on the Section 4 “reasonable belief” defence and seeks to establish that he falls within one of the exemptions under schedule 1 should call evidence to substantiate that claim. The burden is then on the prosecution to prove that the hunting was not exempt. If the defendant did not mention in interview the matters on which he relies at trial, he will be at risk of an adverse inference (Criminal Justice and Public order Act 1994).
Section 3 – Hunting Assistance
S.3(1) -A person commits an offence if he knowingly permits land which belongs to him to be entered or used in the course of the commission of an offence under Section 1.
For the purposes of the Act land belongs to a person if he:
– Owns an interest in it – Manages or controls it – Occupies it
S.3(2) A person commits an offence if he knowingly permits a dog which belongs to him to be used in the course of the commission of an offence under section 1
S.3(2) – It is an offence for a person, knowingly, to permit a dog that belongs to him to be used for hunting unless the hunting is exempt
For the purposes of the Act a dog belongs to a person if he:
– Owns it – Is in charge of it – Has control of it
DIY vet treatment to hide illegal activity
We describe these injuries as non-accidental because they are just that. If Sid hadnt been encouraged to fight with these animals he wouldnt have suffered these injuries. His owner would have been fully aware of the consequences of partaking in these illegal activities and is unlikely to have sought professional veterinary treatment for the injuries either.
Usually, we find those responsible for badger digging and hunting with dogs will seek veterinary supplies and medicines from the internet and attempt to patch their terriers up DIY-style at home. Ultimately they may well prescribe the wrong medications which only enhances the suffering of dogs just like Sid.