Schedule 3 - Hunting with Dogs: Prohibition
Hunting Bill
11:00 am
Mr Mike O'Brien (Parliamentary Under-Secretary, Home Office; North Warwickshire, Labour)
As the matter has been raised, I should say that it is absolute nonsense to suggest that a dog that accidentally chases a squirrel or rabbit while being walked could be prosecuted. The Government intend that only people should be criminalised—we are not in the business of criminalising the intentions of dogs. What matters is the intention of the person, not the dog. The law will make it clear that no offence will have been committed if the person concerned did not intend to break it. However, if the hon. Gentleman intends to substitute a civil for a criminal offence, in doing so, he would lower the threshold of proof and greatly increase the likelihood that some consequence, albeit civil, would have to be faced. The threshold would then be balance of probability, rather than what is beyond reasonable doubt, which applies in criminal cases.