Hunting with Dogs (Scotland) Act 2023

14 Offences relating to trail hunting

(1) A person commits an offence if—

(a) the person engages or participates in trail hunting, and

(b) the exception in section 16 does not apply.

(2) In this Part—

• “trail hunting” is the activity in which a dog is directed to find and follow an animal-based scent which has been laid for that purpose,

• “animal-based scent” means—

  (a)

  a scent which is derived from a wild mammal, or

  (b)

  a scent which mimics, replicates or resembles the scent of a wild mammal (or which is designed to do so), whether or not that scent is derived wholly or in part from artificial ingredients.

(3) A person commits an offence if—

(a) the person—

(i) is an owner or occupier of land, and

(ii) knowingly causes or permits another person to engage or participate in trail hunting on that land, and

(b) the exception in section 16 does not apply to the trail hunting.

(4) A person commits an offence if—

(a) the person—

(i) owns or is responsible for a dog, and

(ii) knowingly causes or permits another person to use the dog for trail hunting, and

(b) the exception in section 16 does not apply to the trail hunting.

(5) A person who commits an offence under subsection (1), (3) or (4) is liable on summary conviction to imprisonment for a term not exceeding 12 months or a fine not exceeding £40,000 (or both).

(6) It is a defence for a person charged with an offence under subsection (3) or (4) to show that the person reasonably believed that the exception in section 16 applied to the trail hunting.

(7) In this Part, an “owner” of land includes, in particular, a person who—

(a) manages or controls that land, or

(b) is authorised to give permission for that land to be used for trail hunting.