On 9 December, Action Against Foxhunting (AAF) announced that the North Shropshire Hunt, South Shropshire Hunt, Wynnstay Hunt and the United Pack had all been issued with CPWs in October. A CPW is the first of three stages that the police can take in their process of issuing a Community Protection Notice (CPN). The first stage is to issue a formal warning to an individual or group, outlining what action they need to take or stop so that they aren’t sanctioned with a CPN. The second stage is to issue a CPN - which has replaced the more famous Antisocial Behaviour Order, or ASBO - if the conditions of the warning are broken. The final stage is for the police to take action if the CPN isn’t complied with.
AAF outlined the conditions of the CPWs, saying:
"Some of the things included are:
π¦ Provide ‘trail’ maps of every trail and make available to police on request
π¦ Notify the police of locations
π¦ Not to lay trails on or near roads, woodland or hedges where wildlife maybe seeking refuge.
π¦ Stay away from badger setts.
π¦ Not to trespass or cause damage.
π¦ Not to block or cause obstruction to the public highway and cause a nuisance."
The group continued:
"A source told us that there were over 100 public complaints to West Mercia Police relating to the South Shropshire Hunt alone. The hunts have caused damage to property including harassment, alarm and distress to residents and landowners. Reports include foxes being chased and killed by hounds often on land with no consent and protected badger sett entrances blocked and dug in to."
Protect the Wild's readers will know all too well that the Hunting Act's loopholes ensure that hunters can get around the law. Meanwhile, the Road Traffic Act even has an exemption for the use of dogs on roads by hunts. So, are Community Protection Warnings and Notices useful for enforcing punishment where existing legislation is failing?
We spoke to Cheshire (Borderland) Monitors' Lesley Martin to ask her opinion. She keeps a close eye on the notorious Wynnstay, a violent and aggressive hunt which has been issued with a CPW by West Mercia Police. Martin said that the warning has made very little difference so far, and goes on to highlight how locals can play a part to ensure that further action can be taken by the police. She said:
"The CPW hasn't made any difference; in fact, the Wynnstay is flouting everything in the CPW worse than ever this season! I have handed over evidence to the police but it hasn't affected the Wynnstay's behaviour.
The fact that the Wynnstay is even worse highlights the need for the local public and the police to work together to ensure that the CPW is enforced, and then to secure a CPN."
Martin explained that to enforce the CPW and issue a subsequent CPN, it is local people who need to submit complaints to police forces. Reports and footage from Cheshire Monitors are not useful because for complaints to count, they need to come from community members. She explained that last time she monitored the Wynnstay, locals told the monitors about four incidents, but that none had been reported to the police.
Martin continued:
"It's really important that more locals complain more often, not giving in, making sure that they get an incident number, asking for it to be flagged with Rural Crime, and don't give up. If you've got a potential case, keep on at the police. It takes weeks for an officer to be allocated to you, but don't give up. It needs to be a joint venture between the locals and the police. And, of course, the police could be doing more to let locals know that they need to report the incidents."
Other hunts have been issued with CPWs, with varying effect. Some weeks ago, North Dorset Sabs reported that the notorious Blackmore and Sparkford Vale Hunt had received a CPW. But Dorset Hunt Monitors argue that this is not enough. The monitors stated:
“It’s unbelievable that after all the disruption and illegality the BSV commit there’s still no action from Dorset Police to issue a Community Protection Notice against the hunt.”
Maybe the key is for locals to take Cheshire (Borderland) Monitors' Lesley Martin's advice and report every crime, getting those incident numbers.
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So, even if a community does successfully secure a CPN, is this even useful in preventing hunters from flouting the law? We asked Hull Wildlife Protectors their opinion. Volunteer Charlotte Smith thinks the issuance of CPNs is extremely beneficial. She explained to us:
"There are several benefits to issuing CPNs to hunts. Some we’ve actively seen include the following:
1. Compensation for landowners: CPNs provide landowners with a means of some type of compensation if hunts trespass on their land.
2. Empowering local communities: CPNs help restore power to local communities by preventing hunts from obstructing roads or behaving as if they have the right of way. Community members would no longer have to endure intimidation or pressure to allow hunts on their property.
3. Protecting local interests: Issuing CPNs offers a way for landowners and local residents to assert their rights and protect themselves from the often disruptive behaviour of hunt groups.
4. Ensuring accountability: In cases where evidence for Hunting Act offences is insufficient, CPNs can provide a legal framework for addressing inappropriate conduct. If a hunt is issued a CPN, they are typically subject to certain conditions, and failure to comply may result in legal action and fines."
Of course, a CPN is only as effective as the police force imposing it. An example of terrible policing is that of Warwickshire Police, which has been subject to intense scrutiny by the public for its blatant bias towards the Warwickshire Hunt. The force initially imposed a CPN on the hunt for causing road chaos, but then quickly dropped it and replaced it with a secret ‘protocol’ which it had negotiated with the hunt itself. The public lost trust in Warwickshire Police over the CPN scandal.
It is obvious that if hunting legislation was effective, CPWs and CPNs would not be needed to police hunts. In its manifesto, Labour promised that it would strengthen the Hunting Act, getting rid of loopholes that are currently being exploited. The widespread issuance of CPWs and CPNs on hunts should be yet another reminder to politicians that hunts are out of control and need to be stopped once and for all.
Many thanks to Action Against Foxhunting, Cheshire (Borderland) Monitors and Hull Wildlife Protectors for their contributions to this article.
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