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PART V |
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ENFORCEMENT |
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Penalties |
| | 46. A person guilty of an offence under this Schedule shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
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Arrest |
| | 47. A constable without a warrant may arrest a person whom he reasonably suspects-
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(a) has committed an offence under paragraph 42, 43 or 44(1)(a) or (2)(a) or (c), |
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(b) is committing an offence under any of those provisions, or |
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(c) is about to commit an offence under any of those provisions. |
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Search and seizure |
| | 48. - (1) This paragraph applies where a constable reasonably believes that a person ("the suspect") is committing or has committed an offence under Part IV of this Schedule.
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(2) If the constable reasonably believes that evidence of the offence is likely to be found on the suspect, the constable may stop the suspect and search him.
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(3) If the constable reasonably believes that evidence of the offence is likely to be found on or in a vehicle, animal or other thing of which the suspect appears to be in possession or control, the constable may stop and search the vehicle, animal or other thing.
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(4) A constable may seize and detain a vehicle, animal or other thing if he reasonably believes that-
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(a) it may be used as evidence in criminal proceedings for an offence under Part IV of this Schedule, or |
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(b) it may be made the subject of an order under paragraph 51. |
| | 49. A constable may enter any premises other than a dwelling for the purposes of exercising a power under paragraph 48.
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| | 50. The powers under paragraphs 48 and 49 may be exercised without a warrant.
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Forfeiture |
| | 51. - (1) The court which convicts a person of an offence under Part IV of this Schedule may order the forfeiture of any dog or hunting article which-
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(a) was used in the commission of the offence, or |
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(b) was in the possession of the person convicted at the time of his arrest. |
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(2) In sub-paragraph (1) "hunting article" means anything designed or adapted for use in connection with-
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(a) hunting a wild mammal with a dog, or |
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(3) A forfeiture order-
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(a) may include such provision as to the treatment of the dog or article forfeited as the court thinks appropriate, and |
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(b) subject to any provision made by virtue of paragraph (a), shall be treated as requiring any person who is in possession of the dog or article to surrender it to a constable as soon as is reasonably practicable. |
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(4) Where a forfeited dog or article is retained by or surrendered to a constable, the police force of which the constable is a member shall ensure that such arrangements are made for its destruction or disposal-
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(a) as are specified in the forfeiture order, or |
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(b) where no arrangements are specified in the order, as seem to the police force to be appropriate. |
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(5) The court which makes a forfeiture order may order the return of the forfeited dog or article on an application made to the court-
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(a) by a person who claims to be the owner of the dog or article (other than the person convicted), and |
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(b) before the dog or article has been destroyed or finally disposed of under sub-paragraph (4). |
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Cancellation of licence |
| | 52. The court which convicts a person of an offence under Part IV of this Schedule may also-
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(a) cancel the person's hunting or coursing licence, or |
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(b) suspend it for a specified period. |
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Disqualification |
| | 53. - (1) The court which convicts a person of an offence under Part IV of this Schedule may also make an order disqualifying the person from-
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(a) holding a hunting licence for a specified period; |
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(b) holding a coursing licence for a specified period. |
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(2) The specified period must not end after the end of the period of five years beginning with the date of the order.
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| | 54. - (1) The court which convicts a person of an offence under paragraph 42, 43 or 44(2) may also make an order prohibiting the person from owning or being in charge or control of a dog of a kind specified in the order.
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(2) The order shall specify the duration of the prohibition (which may be for the person's life).
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(3) A person who contravenes an order under sub-paragraph (1) commits an offence.
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(4) A person who is subject to an order under sub-paragraph (1) may apply for an order terminating it.
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(5) An application under sub-paragraph (4) must be made-
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(a) after the end of the period of one year beginning with the date of the order under sub-paragraph (1), and |
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(b) after the end of the period of one year beginning with the date of the determination of any previous application under sub-paragraph (4). |
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(6) An application under sub-paragraph (4) must be made to-
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(a) the magistrates' court which made the order under sub-paragraph (1), or |
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(b) a magistrates' court for the same petty sessions area. |
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(7) On hearing an application under sub-paragraph (4) a magistrates' court may make an order for costs to be paid by the applicant.
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Bodies corporate |
| | 55. - (1) This paragraph applies where an offence under paragraph 44(1)(b) is committed by a body corporate.
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(2) If the offence is proved to have been committed with the consent or connivance of an officer of the body corporate he shall be guilty of the offence (as well as the body corporate).
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(3) In sub-paragraph (2) "officer" includes-
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(a) a director, manager or secretary, |
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(b) a person purporting to act as a director, manager or secretary, and |
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(c) a member of a body corporate the affairs of which are managed by its members. |
