Part 2Enforcement

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.