Practice and Procedure

DIRECTOR OF PUBLIC PROSECUTIONS (Appellant) v ANTHONY WRIGHT (Respondent) : R (on the application of (1) MAURICE SCOTT (2) PETER HEARD (3) DONALD SUMMERSGILL) (Claimants) v TAUNTON DEANE MAGISTRATES' COURT (Respondents) (2009)

PUBLISHED February 4, 2009

[2009] EWHC 105 (Admin)

Where, in a prosecution brought under the Hunting Act 2004 s.1, the issue was whether the hunting was exempt under Sch.1, the defendant had to adduce an evidential case that raised an issue whether his hunting was exempt, whereupon the burden was on the prosecution to prove to the criminal standard that it was not.

DC (Sir Anthony May (President QB), Maddison J)