Terms of fox hunting ban ‘unworkable’ says Police Scotland

Fox hunting with hounds was banned in 2002 under the Protection of Wild Mammals (Scotland) Act.

However, there have not been any successful prosecutions for fox hunting since the ban’s introduction.

The single force made its claim in a submission to the Bonomy review on the fox hunting legislation.

Lord Bonomy’s review was ordered in 2015 by Scottish ministers and is due to publish its findings in the coming weeks.

The police complained that terms including “searching”, “stalking” and “flushing” were undefined in the act, resulting in confusion that can “deflect from the original intention or spirit of the legislation”.

It added: “To make this legislation more effective and workable, offences need to be simplified and terms expanded.

“Exceptions to the offence to ‘deliberately hunt a wild animal with a dog’ are multiple and provide opportunities for exploitation by those who continually and deliberately offend.

“As a consequence of this lack of clarity, the police are, on occasion, unable to establish the high threshold of evidence required to prove and ultimately, report cases.”

It is still permissible to use dogs to flush foxes out and chase them towards the hunt, where they can then be shot. However, it has been claimed that the law has been broken in such situations because guns have not been visibly present.

The Police Scotland submission adds: “The current lack of clarity in the legislation can lead to allegations by those opposed to this form of pest control that ‘guns were not in place’ and this presents significant issues for those undertaking a lawful act, as well as those investigating alleged illegal activity.”

Robbie Marsland, the Scottish director of the League Against Cruel Sports, said: “Our two-year investigation into the activities of Scottish fox hunts convinced us that they were driving a coach and horses through the present legislation.

“We agree with Police Scotland that the law as it stands is ‘unworkable’.

“The Scottish Parliament thought it had banned fox hunting in 2002. Now is the time for the law to be strengthened and for fox hunting in Scotland to be really banned, for good.”