Wild Animals (Hunting with Dogs) Bill - continued        House of Commons
Exceptions from the prohibition of hunting - continued

back to previous text
 
Injured animals.     6. - (1) A person does not commit an offence under section 1(1) if he uses a dog to search for a wild mammal which he believes to be seriously injured, for the purpose of relieving its suffering.
 
      (2) Subsection (1) applies to a person only if he takes reasonable steps to ensure that the wild mammal is treated, captured or shot once it has been located.
 
 
Penalties, &c.
Powers of arrest, search and seizure.     7. - (1) If a constable suspects with reasonable cause that a person is about to commit, is committing or has committed an offence under this Act, he may arrest that person without warrant.
 
      (2) If a constable suspects with reasonable cause that any person is committing or has committed an offence under this Act the constable may without warrant-
 
 
    (a) stop and search that person if the constable suspects with reasonable cause that evidence of the commission of the offence is to be found on that person;
 
    (b) search or examine any vehicle, animal or article which appears to the constable to belong to that person, or to be in his possession or under his control, if the constable suspects with reasonable cause that evidence of the commission of the offence is to be found in or on that vehicle, animal or article;
 
    (c) seize and detain for the purpose of proceedings under this Act any vehicle, animal or article which may be evidence of the commission of the offence or may be made the subject of an order under section 9(a) or 11(1).
      (3) For the purposes of exercising the powers conferred by subsections (1) and (2) a constable may enter any land including any building not being a dwelling house.
 
Penalties.     8. - (1) A person guilty of an offence under this Act shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 6 months or both.
 
      (2) Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate is guilty of an offence and liable to be proceeded against and punished accordingly.
 
      (3) Where the affairs of a body corporate are managed by its members, subsection (2) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
 
Forfeiture and disqualification orders.     9. The court by which a person is convicted of an offence under this Act may, in addition to any other penalty-
 
 
    (a) order the forfeiture of any article which-
 
      (i) was used in the commission of the offence, or
 
      (ii) is designed to be used for the purpose of hunting and was found in the possession of the convicted person at the time when he was arrested; and
 
    (b) disqualify the offender, for such period as it thinks fit, from having custody of any dog of a kind described in an order of the court.
 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries index

© Parliamentary copyright 2000
Prepared 6 April 2000