PART 2Prevention, investigation and prosecution of crime
CHAPTER 4Other provisions
Offences relating to hares etc
I2I165Recovery order on conviction for certain offences involving dogs
1
This section applies where—
a
a person is convicted of an offence within subsection (5) which was committed on or after the day on which this section comes into force,
b
a dog was used in or was present at the commission of the offence, and
c
the dog was lawfully seized and detained in connection with the offence.
2
The court may make an order (a “recovery order”) requiring the offender to pay all the expenses incurred by reason of the dog’s seizure and detention.
3
Any sum required to be paid under subsection (2) is to be treated for the purposes of enforcement as if it were a fine imposed on conviction.
4
Where a recovery 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.
5
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).