Game hunting and shooting
Request
I am looking to acquire data on the type of offence (I.e., trespassing in pursuit of game, shooting of game) that has been taken to court under the Game Act 1831, Hunting Act 2004, and Wildlife and Countryside Act across the years of 2012 to 2022. Additionally, if this information is available, could I also be provided with the specific outcome reached. For example, if this outcome was a fine, could I be provided with the fine amount.
I have attached a word document with the specific section and act of interest for each legislative act to help aid in your data search (reproduced here):
Game Act 1831
Sections of interest:
Section 3 – Days and Seasons during which Game shall not be killed. Penalty for laying poison to kill game.
Section 3A – Sale of birds of game
Section 6 – Every certificated person may kill Game, subject to the Law of Trespass.
Section 7 – Under existing leases the landlord shall have the game except in certain cases.
Section 8 – Future agreements respecting Game.
Section 10 – Not to affect any cattlegates or Rights of Common.
Section 12 – Where the landlord has the right to the game, in exclusion of the occupier, the occupier shall be liable to a penalty for killing it.
Section 16 – All appointments of gamekeepers to be registered with the clerk of the peace.
Section 22 – Licences when to become void.
Section 23 – Penalty for killing game without a certificate.
Section 24 – Penalty for destroying or taking the Eggs of Game
Section 25 – Penalty for selling Game without Licence, and on certificated persons selling to unlicenced persons.
Section 28 – Penalty on licensed dealers buying game from uncertificated persons, or otherwise offending.
Section 30 – Penalty on persons trespassing in the day-time upon lands in search of game.
Section 32 – Penalty on Persons found armed using Violence
Hunting Act 2004
Section and Act of interest:
Section 1 – Hunting wild mammals with dogs
Section 3 (1) (2) – Hunting: assistance
Section 5 (1) – Hare coursing : A person commits an offence if he (a), (b), (c), (d)
Section 5 (2) – Each of the following persons commits an offence if a dog participates in a hare coursing event …. (a), (b), (c), (d).
Section 5 (3) – A “hare coursing event” is a competition in which dogs are, by the use of live hares, assessed as to skill in hunting hares.
Section 9 (1) – A court which convicts a person of an offence under Part 1 may order the forfeiture of any dog or hunting article which… (a), (b).
Section 10 (1) – Offence under this Act is committed by a body with the consent or connivance an officer of the body
Section 10 (2) – The officer, as well as the body, shall be guilty of the offence
Section 10 (3) – In subsection (1) a reference to an officer of body corporate includes (a), (b), (c)
Wildlife and Countryside Act 1981
Section and Act of interest
Section 1 (1) – Protection of wild birds, their nests, and eggs … (a), (aa), (b), (c)
Section 1 (2) – If any person has in his possession or control... (a) (b)
Section 1 (5) – Subject to the provisions of this part, if any person intentionally (or recklessly).. (a), (b)
Section 3 (1) – Areas of special protection (a), (b), (c)
Section 5 (1) – Prohibition of certain methods or killing or taking wild birds .. (a), (b), (c), (d), (e) , (f)
Section 6 (1) – Sale of live or dead wild birds, eggs … (a), (b).
Section 6 (2) - If any person … (a), (b)
Section 6 (3) – If any person shows or causes or permits to be shown for the purposes of competition or in any premises in which a competition is being held … (a), (b)
Section 6 (5) – Any reference in this section to any birds included in Part 1 of Schedule 3 is a reference to any bird included in that part which … (a), (b), (c)
Section 7 (1) – If any person keeps or has in his possession or under his control any bird included in Schedule 4 which has not been registered and ringed or marked in accordance with regulations.
Section 9 (1) – Protection of certain wild birds: If any person intentionally kills, injures or takes any wild bird in Schedule 5.
Section 9 (2) – If any person has in his possession or control any live or dead wild animal included in Schedule 5.
Section 9 (4) – Subject to the provisions of this part, a person is guilty of an offence if he intentionally or recklessly …. (a), (b), (c).
Section 9 (5) – If any person…. (a), (b).
Section 10A (1) – Protection of wild hares: any person who intentionally or recklessly kills, injures or takes any wild animal included in Schedule 5A in the close season for the animal.
Section 11 (1) – Prohibition of certain methods of killing or taking wild animals …. (a), (b), (c), (d)
Section 11 (2) – A person shall be guilty of an offence if that person (a), (b)(i) (c)(i) (d)
Section 11B (3) – Subject to the provisions of this part, a person who (a), (b)
Section 11C – Snare: authorisation from landowner … (a), (b)
Section 11G(1) – Prevention of poaching : any person who intentionally or recklessly kills, injures of takes any wild animal included in Schedule 6A is guilty of an offence.
Section 11G(2) – In any proceedings for an offence under subsection (1), the animal in question is to be presumed to have been a wild animal.
Section 11I(1) – Sale, possession of wild hares, rabbits: Any person who does any of the following is guilty of an offence (a), b), (c)
Response
The Crown Prosecution Service (CPS) does hold some recorded information that you have requested. This is provided to you in the attached Excel document called 'FoI 11359 - Attachment', which shows the number of offences charged under various offences created by the Game Act 1831, the Hunting Act 2004 and the Wildlife and Countryside Act 1981 for each calendar year from 1 January 2012 to 31 December 2022. The caveats appended to the table should be read in conjunction with the data.
Additionally, it should be noted that any offences on the list that you provided that were not prosecuted during the requested 11-year period are not included in the table.
The CPS does not hold information on the outcome of prosecution cases and about any penalties that may be imposed, such as fines. This information is held by the Ministry of Justice (MoJ).
Under section 16 of the FOI Act we have an obligation to advise what, if any, information may assist you with your request. Under this provision, we suggest you refer to the MoJ who hold the official statistics on conviction outcomes, penalties and fines imposed by His Majesty Court and Tribunal Service (HMCTS). Please refer to them via the link below: