available for inspection by a constable who asks to see it. Only one dog can be used below ground at any time. Reasonable steps must be taken to ensure that as soon as possible after being found the wild mammal is flushed out from below ground and is shot dead by a competent person the dog is under close control injury to the dog is prevented; and the use of the dog complies with any code of practice issued or approved by the Secretary of State. Despite this, many fox hunts continue to use terriers regularly. Three people, not associated with hunts, have pleaded guilty to offences under the Hunting Act 2004 for hunting with terriers and a fourth was found guilty after a trial. Hunting rats and rabbits In enacting the Hunting Act, parliament accepted the view that the hunting of rats and rabbits is legitimate, as they are pests. Parliament did not believe there was any necessity to use dogs to hunt mice, so provided no such exemption. The hunting of rats and rabbits is exempt only if it takes place on land which belongs to the hunter, or which he has been given permission to use for the purpose by the occupier or (if unoccupied) by an owner. Retrieval of hares The hunting of a hare which has been shot is exempt if it takes place on land which belongs to the hunter, or which he has been given permission to use for the purpose. In a private prosecution under the Act brought by the International Fund for Animal Welfare (IFAW) who had observed two hare coursing events in villages near Malton, North Yorkshire in March 2007 organised by the Yorkshire Greyhound Field Trialling Club, the District Judge in Scarborough magistrates court clarified that the club was mistaken in believing that because the dogs they had been using were muzzled, the practice was lawful. Falconry In making falconry an exempt form of hunting, the Act lays down two conditions. "Flushing a wild mammal from cover is exempt hunting if undertaken for the purpose of enabling a bird of prey to hunt the wild mammal." Such activity must be done on land which belongs to the hunter or which he has been given permission to use for the purpose. Many traditional hunts have bought birds of prey and say that they are using hounds to flush foxes to