Hunting with dogs - Hunting Act 2004

Huntsman guilty of interference with badger sett

Robert McCarthy, Huntsman for the Duke of Northumberland’s Percy Hunt, appeared at South East Northumberland Magistrates Court and pleaded guilty to two offences of Badger Sett Interference, Contrary to Section 3 (1) (b) of the Protection of Badgers Act 1992. He was given a Conditional Discharge for 9 months and costs of £43. His father later received a caution for the same offences.

Robert McCarthy Percy Hunt

How Robert McCarthy was Caught

On 13th of March 2007 as a result of Intelligence, a joint Operation (code named “Operation Newark” ) between Northumbria Police, The RSPCA Special Operations Unit and the Northumberland Wildlife Trust Badger group, was executed at Bradford Kaims, near Belford in Northumberland.

The Operation was led by Wildlife Crime Officer Andy Swinburne of Northumbria Police and Two Search Warrants granted under the Wildlife and Countryside Act 1981 as amended by the Natural Environment and Rural Communities Act 2006 were executed on land at this location and a period of covert surveillance was also undertaken.

As a result two persons were observed attacking a Sett with spades and were subsequently apprehended and arrested for Badger Sett interference and thereafter it was confirmed that both setts had been attacked with the entrances all filled with soil.

The arrested persons included the Huntsman for the Duke of Northumberland’s Percy Hunt, Robert McCarthy and his father who was assisting for the day.

This case originated as a result of the Hunting Act 2004 which caused the lawful exemptions of Obstructing or “Stopping up” Badger Sett entrances to be repealed, and therefore they became offences under the Protection of Badgers Act 1992.

P.C Andy Swinburne said: “This was from the onset a potentially high profile politically sensitive case, but with excellent collaboration of all agencies involved and strong evidence gained which incorporated the use of the Wildlife Forensic Services Badger DNA Database, Video and Digital images (which included aerial images taken by the North East Air Support Unit), it has resulted in a quick and swift guilty plea, despite both males during interview being adamant that the Setts were in fact Fox Earths.”

Mervyn Anthony chair of Northumberland Badger Group said that this is a good result and will let the wider public realise that if you interfere with a sett you may be found out and prosecuted. The group was pleased to support Northumbria Police and the RSPCA in this important operation. A lot of member time was given freely to bring about this result.

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