Trail hunting set to be banned
Why linked: Defra news announcement 'Trail hunting set to be banned' (26 March 2026).
Trail hunting is set to be banned in England and Wales.
The Hunting Act 2004 makes it an offence to hunt a wild mammal with dogs in England and Wales except under Schedule 1 exemptions (stalking and flushing with a maximum of two dogs, falconry, rats/rabbits, research). The regime is now under active review through a Defra consultation opened on 26 March 2026 on prohibiting trail hunting, alongside a Private Member's Bill seeking statutory amendments.
Trail hunting has become the principal practical loophole through which alleged illegal fox hunting persists, with the CPS confirming it is routinely raised as a defence in prosecutions. A statutory ban — Labour's manifesto commitment — would close the smokescreen but raises enforcement design, exemption scope and rural-economy questions that the 2026 consultation must resolve.
Defra opened a consultation on 26 March 2026 on proposals to prohibit trail hunting in England and Wales; a Private Member's Bill received first reading on 23 April 2026 with second reading on 8 May 2026. Government has confirmed it will not separately review the mink-hunting exemption.
House of Commons Library research briefing setting out the 2004 Act's structure, Schedule 1 exemptions and the political history of attempts to amend or repeal.
Crown Prosecution Service legal guidance on prosecuting Hunting Act offences, covering trail hunting as a defence, the Schedule 1 exemptions, and evidential issues.
Defra confirmed no plans to review the operation of mink-hunt exemptions under the Hunting Act 2004.
Question probing the effectiveness of the falconry/birds-of-prey exemption under the Act.
PQ probing whether Defra plans to retain existing Schedule 1 exemptions when bringing forward trail-hunting legislation.
Asking when legislation banning trail hunting and the import of hunting trophies will be introduced.
Asking what enforcement mechanisms Defra plans to introduce alongside the ban.
Probing how many horses and dogs might be euthanised as a result of a ban.
Question on the implications of terrier-handler attendance at trail-hunting events.
Perran Moon MP's adjournment debate; Defra Minister Daniel Zeichner confirmed the Government's commitment to a trail-hunting ban and to a consultation 'later this year'.
Defra consultation opened 26 March 2026 inviting views on how to design an effective and enforceable ban on trail hunting.
Private Member's Bill (Session 2024–26) proposing amendments to the 2004 Act; first reading 23 April 2026, second reading 8 May 2026.
Commons written ministerial statement launching the trail-hunting consultation.
Lords written ministerial statement by Baroness Hayman of Ullock launching the trail-hunting consultation.
Defra news release of 26 March 2026 announcing the policy direction towards a statutory ban on trail hunting.
This is the live government consultation that will shape primary legislation amending or supplementing the Hunting Act 2004.
Why linked: Referenced by Defra Minister Daniel Zeichner in the 1 April 2025 adjournment debate as a manifesto commitment the Government is committed to delivering.
Why linked: Cited in the Commons Library briefing SN06853 as the manifesto commitment that led to the July 2015 announcement of intended SI amendments to remove the two-dog limit.
Why linked: Defra news announcement 'Trail hunting set to be banned' (26 March 2026).
Trail hunting is set to be banned in England and Wales.
Why linked: Lords WMS HLWS1468 launching the trail-hunting consultation on 26 March 2026.
UIN: HLWS1468 Today we are launching a consultation to seek views on how best to deliver an effective and enforceable ban on trail hunting in England and Wales. The responses will be used to inform my department’s assessment of any …
Why linked: Commons WMS HCWS1473 launching the trail-hunting consultation on 26 March 2026.
UIN: HCWS1473 My Noble Friend, the Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Baroness Hayman of Ullock), has made the following Written Statement today.Today we are launching a consultation to seek views on how best to deliver …
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The Hunting Act 2004 regime 1 is moving from a long dormant phase into active reform. Defra opened the consultation 'Proposals to prohibit trail hunting in England and Wales' on 26 March 2026 2, delivering on the Labour manifesto commitment confirmed by Minister Daniel Zeichner in the 1 April 2025 adjournment debate. A Private Member's Bill — the Hunting Act 2004 (Amendment) Bill — runs in parallel, with second reading set for 8 May 2026 3. CPS prosecution guidance 4 confirms the operational pivot: trail hunting is routinely raised as a defence to the section 1 offence, and the national policing lead has stated it features as a defence in all successful Hunting Act prosecutions reviewed. The reform question is no longer whether to legislate, but how to draft an offence that distinguishes trail hunting from drag hunting without re-opening the wider Schedule 1 exemption architecture.
The Hunting Act 2004 remains in force in England and Wales in its original form, with Schedule 1 setting out the closed list of exempt hunting activities and the two-dog cap on stalking and flushing out 1. The Commons Library briefing SN06853 1 records that the 2015 Conservative Government considered using the SI-amendment route to remove the two-dog cap in favour of an 'appropriate to the terrain' test, but did not proceed. The current Government's direction is the opposite: tightening rather than relaxing. The 26 March 2026 Defra consultation 2 seeks views on how to design an effective and enforceable ban on trail hunting, accompanied by parallel written ministerial statements in both Houses and a Defra news announcement. The Hunting Act 2004 (Amendment) Bill 3 received first reading on 23 April 2026 and is set for second reading on 8 May 2026, though its relationship to the Government's intended vehicle is unresolved. Operationally, the regime continues to be enforced through the CPS guidance 4, private prosecutions, and the National Police Chiefs' Council wildlife-crime architecture; Defra has confirmed it has no plans to reopen the mink-hunting exemption.
The principal recent development is the launch of the trail-hunting consultation on 26 March 2026 1, announced via paired written ministerial statements HCWS1473 and HLWS1468 and a Defra news release. The consultation was foreshadowed by Minister Daniel Zeichner's response to the 1 April 2025 Adjournment debate secured by Perran Moon MP, in which the Minister confirmed the manifesto commitment and promised consultation 'later this year' but declined a firm timeline. The Hunting Act 2004 (Amendment) Bill received first reading on 23 April 2026 with second reading on 8 May 2026 2, creating a Private Member's track alongside the Government route. Recent written-question activity shows sustained backbench scrutiny on enforcement design, the legislative timeline, retention of existing exemptions, welfare consequences of a ban, and granular issues such as terrier-handler attendance and the falconry exemption. Defra has explicitly closed off any review of the mink-hunting exemption.
Three interlocking strands warrant close monitoring. First, the design of the new offence: the principal drafting challenge identified across the 1 April 2025 debate is distinguishing trail hunting (target) from drag hunting (out of scope) in a way that survives Neil Duncan-Jordan's 'renamed trail hunt' objection — the consultation response will indicate whether Defra opts for a clean prohibition, a licensing regime, or a definitional approach keyed to animal-based scent. Second, the scope of accompanying exemption changes: Defra's refusal to reopen mink hunting signals a narrow rather than comprehensive reform, but written questions probing the birds-of-prey exemption and the retention of existing carve-outs indicate parliamentary pressure to revisit Schedule 1 alongside the trail-hunting ban. Third, the enforcement architecture: PQs on enforcement mechanisms, Perran Moon's call for a reversed burden of proof on exemptions, and the CPS's known evidential difficulties 1 together suggest that ancillary measures — extended charging windows, notifiable-offence designation, custodial sentencing — may or may not accompany the substantive ban. The second reading of the PMB on 8 May 2026 2 is the immediate parliamentary marker; the Government consultation response will determine whether the Government adopts, supersedes or runs alongside that vehicle.
The most significant uncertainty is whether legislation reaches the statute book within this Parliament: Minister Zeichner declined to commit to a timeline in April 2025, and the consultation only opened in March 2026 1, leaving a compressed window for response, impact assessment, drafting and passage. A second risk is definitional under-inclusion — Neil Duncan-Jordan's warning that re-labelling could defeat a narrowly drafted ban — versus over-inclusion catching legitimate drag hunting. Third, the relationship between the Government route and the Hunting Act 2004 (Amendment) Bill 2 is unresolved. Inferred from corpus gap: the consultation response, an impact assessment on rural-economy and welfare consequences of a ban (raised by Lords PQ 494942 ), and any updated CPS charging standards are not yet in the readable corpus and will materially shape practitioner advice when they appear.
The Hunting Act 2004 is a narrow criminal-offence regime grafted onto pre-existing animal-welfare law. The central offence in section 1 prohibits hunting a wild mammal with a dog, but the Act's practical reach is entirely shaped by Schedule 1, which sets out a closed list of exempt activities — stalking and flushing out (with no more than two dogs), use of dogs below ground to protect birds for shooting, falconry, rats, rabbits, recapture and rescue, and research and observation. The two-dog limit on stalking and flushing is the regime's principal numerical control on field activity.
The regime delegates almost all enforcement design to two non-statutory layers. The Crown Prosecution Service's Hunting Act 2004 guidance 1 sets out how 'hunting' is established evidentially and — critically — how the trail-hunting defence is to be approached. Because trail hunting is not itself defined in the Act, it operates as a factual claim that the activity falls outside section 1 (because no wild mammal is being pursued) rather than within Schedule 1. That makes it a defence to the offence, not an exemption from it, and shifts the evidential terrain: prosecutors must disprove the trail-hunting narrative beyond reasonable doubt rather than the defendant having to bring conduct within a tightly drafted carve-out.
The 2015 Conservative Government considered using the SI-amendment power referenced in the Commons Library briefing 2 to remove the two-dog cap and replace it with an 'appropriate to the terrain' test — bringing the regime closer to the Scottish position. That route was not taken. The current Labour Government's preferred direction, signalled by the 26 March 2026 consultation 3 and the 1 April 2025 ministerial statement [candpk=91709], is the opposite: rather than relaxing exemptions, to close the trail-hunting route altogether through primary amendment.
The Hunting Act 2004 (Amendment) Bill 4 sits alongside the consultation as a Private Member's vehicle. The Act layers onto, but does not replace, the Wildlife and Countryside Act 1981 (which governs protected-species offences), the Animal Welfare Act 2006 (general welfare duties), and hare-coursing offences now strengthened by the Police, Crime, Sentencing and Courts Act 2022 — so any reformed hunting offence has to be drafted with these adjoining regimes in mind.
What the regime cannot do, in its current form, is regulate trail hunting directly: there is no licensing or registration scheme, no statutory definition of trail hunting, and no power for the Secretary of State to set conditions on it. That gap is precisely what the 2026 consultation is asking how to fill.
An activity in which a pack of hounds follows an animal-based scent (often fox urine, or fox/deer/hare body parts) laid by a human, intended as a substitute for live-quarry hunting; not defined in the Hunting Act 2004.
One of the closed list of hunting activities permitted under the Hunting Act 2004 (stalking and flushing with up to two dogs, falconry, rats/rabbits, research and observation, recapture, rescue, hunting below ground to protect birds).
An activity in which hounds follow an artificial (non-animal-based) scent along a predetermined route; not regulated by the Hunting Act 2004.
Second reading of the Hunting Act 2004 (Amendment) Bill in the Commons.
Closure of the Defra 'Proposals to prohibit trail hunting in England and Wales' consultation and publication of the Government response.
Government legislative vehicle to enact the trail-hunting ban — likely a Government Bill rather than the PMB, given the Defra consultation route.
Committed to delivering a statutory ban on trail hunting in England and Wales, with the design open for consultation as of March 2026. Defra has expressly declined to reopen the mink-hunting exemption, indicating the policy will be targeted at trail hunting rather than a comprehensive revisitation of Schedule 1.Mar 2026
Operational position rather than political: CPS guidance acknowledges that trail hunting is routinely raised as a defence in Hunting Act prosecutions and addresses the evidential challenge that creates.May 2026
The 2015 UK Government's intended SI amendments were explicitly framed as bringing the England and Wales regime into line with Scotland's then-permissive position on the number of dogs used in stalking and flushing 1. Scotland has since legislated more comprehensively; the present England and Wales reform direction is the inverse — toward greater restriction, not parity with the former Scottish position.