P ART 1 5 H UNTING A WILD MAMMAL USING A DOG Offences 1 Offence of hunting a wild mammal using a dog (1) A person commits an offence if— (a) the person hunts a wild mammal using a dog, and 10 (b) none of the exceptions in sections 3, 5, 6, 6A, 6B or 7 apply. 1 (2) A person who commits an offence under subsection (1) is liable— (a) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding £40,000 (or both), (b) on conviction on indictment, to imprisonment for a term not exceeding 5 years 15 or a fine (or both). (3) In this Act— “hunting” includes, in particular, searching for and coursing (and related expressions are to be construed accordingly), “wild mammal” means any mammal (other than a human)— 20 (a) which— (i) is living in a wild state, (ii) is of a species recognised as living in a wild state in the British Islands (as defined in schedule 1 of the Interpretation Act 1978), or (iii) has been deliberately released from temporary or permanent human 25 control, and (b) which is not— (i) a rat, SP Bill 12B Session 6 (2023) 2 Hunting with Dogs (Scotland) Bill Part 1—Hunting a wild mammal using a dog (ii) a mouse, or (iii) living under temporary or permanent human control. (4) In this Part, a person is “using a dog” when the hunting of a wild mammal by that person involves the use of a dog, even if the dog is not under that person’s control or 5 direction (and related expressions are to be construed accordingly). 2 Offences of knowingly causing or permitting another person to hunt using a dog (1) A person commits an offence if— (a) the person— (i) is an owner or occupier of land, and 10 (ii) knowingly causes or permits another person to hunt a wild mammal using 1 a dog on that land, and (b) none of the exceptions in sections 3, 5, 6, 6A, 6B or 7 apply to the hunting. (2) A person commits an offence if— (a) the person— 15 (i) owns or is responsible for a dog, and (ii) knowingly causes or permits another person to hunt a wild mammal using that dog, and (b) none of the exceptions in sections 3, 5, 6, 6A, 6B or 7 apply to the hunting. (3) A person who commits an offence under subsection (1) or (2) is liable on summary 20 conviction to imprisonment for a term not exceeding 12 months or a fine not exceeding £40,000 (or both). (4) It is a defence for a person charged with an offence under subsection (1) or (2) to show that the person reasonably believed that any of the exceptions in sections 3, 5, 6, 6A, 6B or 7 applied to the hunting. 25 (5) In this Part, an “owner” of land includes a person who— (a) manages or controls that land, or (b) is authorised to give permission for that land to be used for hunting. (6) In this Act, a person “is responsible for” a dog where the person— (a) is responsible for the dog on a temporary or permanent basis, 30 (b) is in charge of the dog, or (c) has actual care and control of a person under the age of 16 years who is responsible for the dog under paragraph (a) or (b). 3 Hunting with Dogs (Scotland) Bill Part 1—Hunting a wild mammal using a dog Exceptions to the offences 3 Exception: management of wild mammals above ground (1) This section applies if— (a) a person is using a dog above ground to— 5 (i) search for, stalk or flush from cover a wild mammal, with the intention of killing it for one or more of the purposes set out in subsection (2), (ii) search for and retrieve a wild mammal which has been killed as a result of the activity...