Part 2Enforcement

6Penalty

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.

F17Arrest

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8Search and seizure

1

This section applies where a constable reasonably suspects that a person (“the suspect”) is committing or has committed an offence under Part 1 of this Act.

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.

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.

4

A constable may seize and detain a vehicle, animal or other thing if he reasonably believes that—

a

it may be used as evidence in criminal proceedings for an offence under Part 1 of this Act, or

b

it may be made the subject of an order under section 9.

5

For the purposes of exercising a power under this section a constable may enter—

a

land;

b

premises other than a dwelling;

c

a vehicle.

6

The exercise of a power under this section does not require a warrant.

9Forfeiture

1

A court which convicts a person of an offence under Part 1 of this Act may order the forfeiture of any dog or hunting article which—

a

was used in the commission of the offence, or

b

was in the possession of the person convicted at the time of his arrest.

2

A court which convicts a person of an offence under Part 1 of this Act may order the forfeiture of any vehicle which was used in the commission of the offence.

3

In subsection (1) “hunting article” means anything designed or adapted for use in connection with—

a

hunting a wild mammal, or

b

hare coursing.

4

A forfeiture order—

a

may include such provision about the treatment of the dog, vehicle or article forfeited as the court thinks appropriate, and

b

subject to provision made under paragraph (a), shall be treated as requiring any person who is in possession of the dog, vehicle or article to surrender it to a constable as soon as is reasonably practicable.

5

Where a forfeited dog, vehicle 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—

a

as are specified in the forfeiture order, or

b

where no arrangements are specified in the order, as seem to the police force to be appropriate.

6

The court which makes a forfeiture order may order the return of the forfeited dog, vehicle or article on an application made—

a

by a person who claims to have an interest in the dog, vehicle or article (other than the person on whose conviction the order was made), and

b

before the dog, vehicle or article has been destroyed or finally disposed of under subsection (5).

7

A person commits an offence if he fails to—

a

comply with a forfeiture order, or

b

co-operate with a step taken for the purpose of giving effect to a forfeiture order.

10Offence by body corporate

1

This section applies where an offence under this Act is committed by a body corporate with the consent or connivance of an officer of the body.

2

The officer, as well as the body, shall be guilty of the offence.

3

In subsection (1) a reference to an officer of a body corporate includes a reference to—

a

a director, manager or secretary,

b

a person purporting to act as a director, manager or secretary, and

c

if the affairs of the body are managed by its members, a member.