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Police Law 11th Edition

22. Animals, Birds and Plants

Chapter 22

Hunting p 765

A divisional court has held that the expression ‘hunt’ does not include searching for a wild animal for the purpose of stalking or flushing it out. The MCA 1980, s 101 together with the 2004 Act is not such as to place a legal burden on a defendant to prove exemption. However, there is an evidential burden placed upon a defendant to adduce evidence which raises the issue of whether or not the hunting was exempt. [DPP v Wright [2009] EWHC 105 (Admin); [2009] All ER (D) 30 Feb, [2009] WLR (D) 43.

Dog control orders p 769

Delete the text after the first sentence in the third paragraph (up to the end of that paragraph) and replace with the following text:

'The Controls on Dogs (Non-application to Designated Land) Order 2009, SI 2009/2829, designates the following as such:

1. any land placed at the disposal of the Forestry Commissioners under the Forestry Act 1967, s 39 (1), in respect of the making of any dog control order;
2. any land which is or forms part of a road, in respect of the making of a dog control order which provides for an offence relating to (c) in the text (exclusion of dogs from land).'

The new Order therefore clarifies that land to which CNEA 2005, Part 6 does not apply includes land which is or forms part of a road.