Yet another police investigation is under way following an incident where a fox was chased through the village of Peatling Magna in Leicestershire.

Whilst it is legal for hunts to follow a ‘trail’ it is not to pursue a fox or other wild mammal. The hunt in question will no doubt say that this was a regrettable accident and perhaps it was. However there seem to be a considerable number of ‘regrettable accidents’ taking place during trail hunts. Domestic animals killed, livestock worried, badger setts damaged and members of the public left shocked and in fear to list but a few. Some suggest tightening the law even further to close loopholes but that would simply cover criminal activity not ‘regrettable accidents’. A crime requires two distinct elements: actus reus (the guilty act) and mens rea (the guilty mind or intent). Without both elements being present and provable beyond reasonable doubt a successful prosecution is not possible.

Clearly this catalogue of ‘regrettable accidents’ can’t be allowed to continue so we suggest a licensing system for trail hunts. This need not be unduly prescriptive or damaging to those carrying out a legitimate activity with appropriate care. After all many activities are licensed. Driving motorcars, flying aeroplanes or drones, fishing, owning firearms are just a few of the many activities licensed to ensure the safety of people and wildlife. Those who break the terms of their licence loose it. Proof of criminal activity is not generally necessary.

We are sure that trail hunts could raise no objection to the licensing of their activities. A body of individuals following a carefully laid trail that does not cross fields containing stock, main roads, railway tracks, nature reserves, animal sanctuaries, people’s gardens etc would have nothing to fear. However should a trail hunt make a habit of loosing control of its hounds, blocking roads, trespassing on the railway or chasing and kill a fox due to a ‘regrettable accident’ then appropriate sanctions could be taken. Suspension or removal of licenses could be a powerful incentive to keep trail hunts under control and ensure that those hunts which consistently break the terms of their licence loose it.

Many organisations already licence trail hunting on their land and in Scotland driven grouse shooting is soon to be licensed. Organising a national licensing system with a simple set of rules that penalises those that misbehave whether by design or ‘regrettable accident’ would make ensuring that trail hunting is safe for all, including wild mammals much easier.