PART 2Prevention, investigation and prosecution of crime
CHAPTER 4Other provisions
Offences relating to hares etc
I1I266Disqualification order on conviction for certain offences involving dogs
1
This section applies where—
a
a person is convicted of an offence within subsection (9) which was committed on or after the day on which this section comes into force, and
b
a dog was used in or was present at the commission of the offence.
2
The court may make an order (a “disqualification order”) disqualifying the offender, for such period as the court thinks fit, from—
a
owning dogs,
b
keeping dogs, or
c
both.
3
The disqualification order may specify a period during which the offender may not make an application under section 68 to terminate the order.
4
The court may, where it appears to the court that the offender owns or keeps a dog, suspend the operation of the disqualification order for such period as it thinks necessary for enabling alternative arrangements to be made in respect of the dog.
5
Where a court makes a disqualification order, it must—
a
give its reasons for making the order in open court, and
b
cause them to be entered in the register of its proceedings.
6
A person who breaches a disqualification order commits an offence.
7
A person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
8
Where a disqualification order is available for an offence, the court may make such an order whether or not it deals with the offender in any other way for the offence.
9
The following offences are within this subsection—
a
an offence under section 1 of the Night Poaching Act 1828 (taking or destroying game or rabbits by night or entering land for that purpose);
b
an offence under section 30 of the Game Act 1831 (trespass in daytime in search of game etc);
c
an offence under section 63 (trespass with intent to search for or to pursue hares with dogs etc);
d
an offence under section 64 (being equipped for searching for or pursuing hares with dogs etc).
10
In section 171 of the Sentencing Code (offences relating to animals), after subsection (2) insert—
3
See section 66 of the Police, Crime, Sentencing and Courts Act 2022 (disqualification order on conviction for certain offences involving dogs) for orders relating to disqualification in the case of offences involving dogs under that Act, the Night Poaching Act 1828 and the Game Act 1831.