GET THE BIGGEST STORIES FROM ACROSS SOMERSET STRAIGHT TO YOUR INBOX SIGN UP Thank you for subscribing See our privacy notice Invalid Email

While stag hunting on horseback and fox hunting became illegal in the UK in 2005, deer stalking is exempt and the hunting of deer is subject to several alleged loopholes.

Supporters say that stalking, which involves tracking the animal through the countryside on foot before shooting it, is one of the best ways of controlling wild deer, while "research and observation" allows dogs to be used to pursue deer.

Under the Hunting Act 2004, a person commits an offence if he hunts a wild mammal with dogs, although there are several exemptions, including ‘Stalking and Flushing Out’, ‘Rescue a Wild Mammal’ and ‘Research and Observation’, all of which have specific conditions that need to be fulfilled for the hunting to be legal.

Dogs may be used under the Act, without a gun, to recapture or rescue a wild mammal, or for research and observation. As you can see, it's a bit of a muddle for most to make sense of the legislation.

Somerset Live has received a firsthand account from Exmoor's Giles Bradshaw - who has campaigned for tighter hunting legislation - to a deer stalk taking place in North Devon and around Exmoor. This is what he claims to have observed and why he says he breaks the law to save wildlife:

"It’s been mayhem in my little patch of North Devon this Boxing Day. The narrow winding lanes were packed with the vehicles of hunt supporters either frantically careering down them to keep up with the hunt and the hunted deer in the wooded valleys or parked up on the verge with them standing on top craning to get a glimpse of the action over the high hedged banks to either side.

"This is ‘exempt hunting' in 2017 as allowed under the Hunting Act 2004. How hunts can use the ‘stalking and flushing out’ exemption in the Hunting Act to use dogs to hunt deer in order the be killed was made clear by the prosecution of the Quantock Staghounds in 2009.

"I can’t get inside the heads of the hunters that were in the lanes, fields and woodlands around here on Boxing Day to know if ‘sport’ is what motivates them.

"However I can say that it seemed to me that they were hell bent on killing as many sentient wild deer as possible.

"While the hunters were out complying with the Hunting Act by flushing and annihilating wild mammals I took my dog out for a bit of deliberate law breaking. 'Flushing out' wild deer and indeed other wildlife with a dog is actually pretty simple – all you have to do is get near to some wildlife – and if it runs away – bingo you've flushed it!

"Personally I can't see what is wrong with this. The deer clearly wants to go somewhere else – and to be honest although I love wild deer if you've ever been confronted by a stag up close (just look at the antlers...) I'm quite glad to grant them their wishes.

"My primary aim which appears to contribute to the illegality of my actions is fun. I can't see what's wrong with this either. Fun to me especially when it derives from allowing other sentient beings to live rather than die is a good thing.

"Of course such 'accidental flushing' is perfectly legal and is identical in all ways to my 'deliberate flushing' except for what the law calls the 'mens rea' or 'mental element'. In short whereas the flushed deer, hare fox etc comes as a surprise to the accidental flusher – I know it is a possibility and quite deliberately wish the flushed animal no harm whatsoever. In terms of animal welfare allegedly the basis of the law the two situations are identical – so should be their legality.

"This winter may mark a watershed in the politics surrounding the Hunting Act. Not only is the May Government apparently going to drop it's pledge to hold a free vote on the law but the League Against Cruel Sports – the main anti hunting organisation has at long last begun to criticise it. Its recent report “under siege and observed to death the plight of Britain's hunted stags” concludes what has been clear all along – that the law is deeply flawed. Stag hunts are continuing to hunt stags under the 'research and observation' exemption.

"There is a deep irony here – just as the League have embarked on the road to acknowledging the obvious flaws in the Hunting Act the only political party with a policy that might resolve it – allowing MPs the opportunity to debate the matter and vote freely on it might take that possibility away. The Hunting Act needs either repeal and replacement or reform. If people won't listen to me they should listen to the hounds howling and shots ringing out around me after wild animal after wild animal is chased and then shot."

What Shooting UK says

This is what Shooting UK - a website dedicated to providing resources for the UK's shooting community - has to say about deer stalking: "Deer stalking is a sporting pastime, but it is also essential to protect forestry and valuable agricultural crops. Deer breed prolifically and suffer from starvation and disease unless they are culled.

"To this end, landowners and stalkers usually work in close co-operation with one another to create a plan that balances the welfare of the deer against the damage they can cause if allowed to breed unchecked.

"The responsible stalker will know and understand all the laws applicable to the sport and will act with safety as a primary concern."

What do hunting organisations say

The Devon and Somerset Staghounds website says this: "Although staghunting, as it was practised, was banned by the the Hunting Act 2004, the DSSH, with the support of the farmers and landowners of the moor have continued to meet three times a week during the season to manage the deer on their behalf, monitoring the numbers, distribution and health of the herd and operating within the restrictions imposed by the act.

"The hunt has also continued to provide a very efficient 24hrs casualty service to locate any sick and injured deer.

"Riders and foot followers will see deer on the move and can follow two hounds at a good pace across beautiful country, depending on which exemptions are used at the time. Local support for the hunt has held up extremely well in unusual and difficult circumstances."

(Image: Ruth Ovens)

What is legally allowed on Exmoor regarding culling

This is what is recorded in Exmoor National Park's documents regarding the culling of deer:

5.1. For the purposes of this study “harvesting/ culling” will be taken to mean legal methods of taking deer.

5.2. This can include;

5.2.1. “Stalking” which is the “following” or “lying in wait for” a deer with or without dogs with the intention to shoot with a rifle of appropriate bore. If a dog is used then this becomes “Exempt Hunting” which is governed by the “Exempt Hunting” provisions in “The Hunting Act 2004” Schedule 1 5.3.

These can be for the purpose of one or more of the following;

5.3.1. Food

5.3.2. Crop Damage Control

5.3.3. Destroying (of an injured animal)

5.3.4. Research and Observation

5.3.5. Sport (only if no dogs are present)

What the League Against Cruel Sports says

Philippa King, Acting CEO at the League Against Cruel Sports said earlier this year: “Stag hunts claim to be undertaking ‘research’ – in much the same way the Japanese Government claim that they are killing whales for research.

"The League believes hunts are cynically exploiting a loophole in the law and the hunts need to face that same public outcry that meets whalers.

"Because of this loophole, stag hunts are laughing in the faces of public opinion, and mocking the spirit of British law.

"We need Government action and effective enforcement to ensure that the law is respected.”

And the Crown Prosecution Service

A spokeswoman for the Crown Prosecution Service said: “All cases are considered in accordance with the Code for Crown Prosecutors and the relevant legislation.”

Police have been asked for comment on whether Mr Bradshaw has broken the law and whether action may be taken.