Hunting: Prosecutions

Attorney General written question – answered at on 19 February 2015.

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Photo of Lord Blencathra Lord Blencathra Conservative

To ask Her Majesty’s Government whether they have any plans to investigate the basis on which the Crown Prosecution Service brought forward a prosecution against Terrence Potter and Paul Whitehead of the Lunesdale Hunt.

Photo of Lord Wallace of Tankerness Lord Wallace of Tankerness Lords Spokesperson (Attorney General's Office), The Advocate-General for Scotland, Deputy Leader of the House of Lords, Lords Spokesperson (Scotland Office), Liberal Democrat Leader in the House of Lords

There is no plan to investigate the basis upon which this prosecution was brought.

The prosecution was brought following an investigation by North Yorkshire Police into the alleged commission of a wildlife crime. The two defendants were originally charged by the police to appear in Court on 5 September 2014. The Crown Prosecution Service (CPS) subsequently undertook a review of the case, in accordance with the Code for Crown Prosecutors, and determined, firstly, that there was a realistic prospect of conviction and, secondly, that it was in the public interest to prosecute.

As the allegations were denied, the case was listed for trial before York Magistrates’ Court on 21 January 2015. On the day of trial, two key prosecution witnesses who produced video evidence of the offence were unavailable to attend court. The CPS had previously made an application to adjourn and reschedule the trial. Due to an administrative failing this application was made very close to the trial date and it was refused by the court. The trial then took place in the absence of these two witnesses and without their evidence being heard. The Court found no case to answer against each defendant.

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