Page:Hunting Act 2004 (UKPGA 2004-37 qp).pdf/5

Hunting Act 2004 (c. 37) Part 2—Enforcement (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.

9 Forfeiture

(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.