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PART III |
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ENFORCEMENT |
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Arrest |
| | 14. A constable without a warrant may arrest a person whom he reasonably suspects-
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(a) has committed an offence under paragraph 1, 4(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 |
| | 15. - (1) This paragraph applies where a constable reasonably believes that a person ("the suspect") is committing or has committed an offence under Part I 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 I of this Schedule, or |
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(b) it may be made the subject of an order under paragraph 18. |
| | 16. A constable may enter any premises other than a dwelling for the purposes of exercising a power under paragraph 15.
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| | 17. The powers under paragraphs 15 and 16 may be exercised without a warrant.
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Forfeiture |
| | 18. - (1) The court which convicts a person of an offence under 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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Disqualification |
| | 19. - (1) The court which convicts a person of an offence under paragraph 1, 3 or 4(2) may 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 this paragraph-
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(a) commits an offence, and |
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(b) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale. |
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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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