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| Forfeiture: supplementary. |
10. - (1) This section applies where an order has been made under section 9(a) for forfeiture of an article.
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(2) The order shall deprive the person convicted of his rights, if any, in the article; and the article shall be taken into, or remain in, the possession of the police.
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(3) If a person, other than the person convicted, applies to the court which made the order, or to a magistrates' court in the same petty sessional area, the court may order the article to be delivered to that person if he appears to the court to be its owner.
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(4) The court shall not make an order under subsection (3) unless it is satisfied that the applicant-
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(a) had not consented to the person convicted having possession of the article, or |
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(b) did not know, and had no reason to suspect, that the article was likely to be used for the purpose of hunting in contravention of section 1(1). |
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(5) No application shall be made under subsection (3) after the expiry of the period of six months starting with the date on which the order was made.
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(6) An order under subsection (3) shall not affect the right of any person to take proceedings for the recovery of the article within the period of six months starting with the date on which the order under section 9(a) was made; but that right shall cease on the expiry of that period.
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(7) If, on the expiry of the period of six months starting with the date of the order, the article has not been ordered to be delivered up in accordance with subsection (3) or (6), it shall be destroyed as soon as possible.
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| Section 13(2). |
11. - (1) Where the court makes an order under section 9(b) it may make such order as it thinks fit in respect of any dog-
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(a) which was in the offender's custody when the offence was committed, or |
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(b) which has been in his custody at any time since then. |
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(2) An order made in respect of a dog under subsection (1) may, in particular-
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(a) require any person who has custody of the dog to deliver it up to a specified person; |
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(b) require the offender to pay specified amounts to specified persons for the care of the dog from the time when it is delivered up under paragraph (a) or, as the case may be, from the time when it was detained under section 7(2)(c), until permanent arrangements are made for its care or disposal. |
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(3) A person who-
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(a) has custody of a dog in contravention of an order under section 9(b); or |
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(b) fails to comply with a requirement imposed on him under subsection (2); |
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shall be guilty of an offence.
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(4) Where an order is made under subsection (1) in respect of a dog owned by a person other than the offender the owner may, within the period of seven days starting with the date of the order, appeal to the Crown Court against the order.
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(5) A person who is disqualified from having custody of a dog by virtue of an order made under section 9(b) may, at any time after the end of the period of one year beginning with the date of the order, apply to the court which made the order (or any magistrates' court in the same petty sessional area) for a direction terminating the disqualification from such date as the court considers appropriate.
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(6) On an application under subsection (5) the court may, having regard to the applicant's character, his conduct since the disqualification was imposed and any other circumstances of the case, grant or refuse the application; and where an application in respect of a disqualification is refused no further application in respect of that disqualification shall be entertained if made before the end of the period of one year beginning with the date of the refusal.
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General |
| Section 13(2). |
12. In this Act-
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"occupier" includes any person who has control of land; |
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"owner" means any person who has an interest in land including a licensee or the agent of any such person but does not include a mortgagee not in possession; and |
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"wild mammal" includes a wild mammal which has escaped, or been released, from captivity, and any mammal which is living wild. |
| Citation, consequential amendments, repeals, commencement and extent. |
13. - (1) This Act may be cited as the Wild Mammals (Hunting with Dogs) Act 2000.
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(2) The enactments specified in Schedule 1 to this Act shall have effect subject to the amendments specified in that Schedule being amendments consequential on the provisions of this Act; and the enactments specified in Schedule 2 are repealed to the extent specified in the third column of that Schedule.
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(3) This Act shall come into force with the expiration of the period of two months beginning with its passing.
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(4) This Act extends to Northern Ireland.
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