Sentencing guidelines help make sure that judges and magistrates in courts across England and Wales take a consistent approach to sentencing.

For several years, the NFU has pressed government to address the impact of hare coursing at every stage of the criminal justice system. 

The recent legislation changes that the NFU has lobbied for have given police more powers to deal with offenders, and the next piece of the jigsaw is a sentencing regime that acts as a real deterrent to offenders.

The NFU has discussed the guidelines with the Sentencing Council and this consultation is a positive step in developing a consistent coordinated approach to the scourge of hare coursing.

Sentencing levels

The NFU lobbied extensively for hare coursing offences to be included in the Police, Crime, Sentencing and Courts Act 2022.

The Act increased the maximum penalty available for the offences used to prosecute hare coursing from a fine to six months’ imprisonment.

Ancillary orders

• The NFU also lobbied for kennelling costs of seized dogs to be paid by offenders, as this is seen as a key deterrent to coursing activities. Recovery orders were included in the Act.
• Offenders may also be subject to a disqualification order banning them from owning and/or keeping dogs.
• Other options available at sentencing include deprivation orders (the ability to seize dogs and vehicles used in the offence) and a driving disqualification order.

Aggravating and mitigating factors

The next stage of sentencing is to consider whether there are any aggravating factors which may increase the seriousness of the offence, or any mitigating factors relating to the offence or the offender which would reduce the sentence within the range set out in the table above.

Factors increasing seriousness:

• Statutory aggravating factors:
  • Previous convictions.
  • Offence committed while on bail.
• Other aggravating factors:
  • Commission of offence whilst under the influence of alcohol or drugs.
  • Offence committed on licence or post sentence supervision or while subject to court order(s).
  • Breach of a community protection notice.
  • Significant number of hares killed or injured.
  • Use of technology, including circulating details/photographs/videos etc of the offence. on social media, to record, publicise or promote activity.
  • Offence committed in the presence of children.
  • Attempts to conceal/dispose of evidence.
  • Established evidence of community/wider impact.

Factors reducing seriousness or reflecting personal mitigations

• No previous convictions or no relevant/recent convictions.
• Remorse.
• Good character and/or exemplary conduct.
• Serious medical conditions requiring urgent, intensive or long-term treatment.
• Mental disorder, learning disability.
• Age and/or lack of maturity.
• Sole or primary carer for dependent relatives.
• Pregnancy, childbirth and post-natal care.
• Difficult and/or deprived background or personal circumstances.
• Prospects of or in work, training or education.

A step in the right direction

Responding to the news, NFU Vice President Rachel Hallos said: “The Sentencing Council’s consultation on new guidelines for hare coursing is a positive step forward in the fight against rural crime. This is something the NFU has long been calling for, and it’s encouraging to see greater recognition of the harm hare coursing causes to farming families and businesses.

“Hare coursing isn’t just an illegal activity; it brings with it violence, intimidation and damage to property, leaving farmers and families feeling unsafe in their own homes. These proposed guidelines, which include tougher penalties and the use of ancillary orders, are a step in the right direction to deter offenders and provide consistency in sentencing.

“We urge everyone with an interest in this issue to respond to the consultation and ensure the guidelines reflect the true impact hare coursing has on our countryside.”

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