Part 2

Enforcement

Penalty
6
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.

Arrest
7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Search and seizure
8
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.

Forfeiture
9
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.

Offence by body corporate
10
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.
S. 7 repealed (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8)(8), Sch. 7 para. 37, Sch. 17; S.I. 2005/3495, art. 2(1)(m)