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Hunting Act 2004

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Commencement Orders

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Commencement Orders bringing legislation that affects this Act into force:

Part 2 E+WEnforcement

6PenaltyE+W

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.

7ArrestE+W

A constable without a warrant may arrest a person whom he reasonably suspects—

(a)to have committed an offence under section 1 or 5(1)(a), (b) or (2),

(b)to be committing an offence under any of those provisions, or

(c)to be about to commit an offence under any of those provisions.

8Search and seizureE+W

(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.

9ForfeitureE+W

(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 corporateE+W

(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.

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