Moved by
Lord Sharpe of Epsom
109H: After Clause 55, insert the following new Clause—
“Trespass with intent to search for or to pursue hares with dogs etc
(1) A person commits an offence if they trespass on land with the intention of—
(a) using a dog to search for or to pursue a hare,
(b) facilitating or encouraging the use of a dog to search for or to pursue a hare, or
(c) enabling another person to observe the use of a dog to search for or to pursue a hare.
(2) It is a defence for a person charged with an offence under subsection (1) to prove that they had a reasonable excuse for the trespass mentioned in that subsection.
(3) A person guilty of an offence under subsection (1) is liable on summary conviction to imprisonment for a term not exceeding 51 weeks, to a fine or to both.
(4) In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales), the reference in subsection (3) to 51 weeks is to be read as a reference to 6 months.”
Member’s explanatory statement
This amendment creates a new offence of trespassing on land with the intention of using a dog to search for or to pursue a hare or with the intention of facilitating, encouraging or enabling another person to observe the use of a dog to search for or to pursue a hare.
109J: After Clause 55, insert the following new Clause—
“Being equipped for searching for or pursuing hares with dogs etc
(1) A person commits an offence if they have an article with them in a place other than a dwelling with the intention that it will be used in the course of or in connection with the commission by any person of an offence under section (Trespass with intent to search for or to pursue hares with dogs etc) (trespass with intent to search for or to pursue hares with dogs etc).
(2) Where a person is charged with an offence under subsection (1), proof that the person had with them any article made or adapted for use in committing an offence under section (Trespass with intent to search for or to pursue hares with dogs etc) is evidence that the person had it with them with the intention that it would be used in the course of or in connection with the commission by any person of an offence under that section.
(3) A person guilty of an offence under subsection (1) is liable on summary conviction to imprisonment for a term not exceeding 51 weeks, to a fine or to both.
(4) In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales), the reference in subsection (3) to 51 weeks is to be read as a reference to 6 months.
(5) In this section—
“article” includes a vehicle and, except in subsection (2), an animal;
“dwelling” means—
(a) a building or structure which is used as a dwelling, or
(b) a part of a building or structure, if the part is used as a dwelling,
and includes any yard, garden, garage or outhouse belonging to and used with a dwelling.”
Member’s explanatory statement
This amendment creates a new offence where a person has an article with them in a place other than a dwelling with the intention that it will be used in the course of or in connection with the commission by any person of an offence under the new Clause in the name of Baroness Williams of Trafford to be inserted after Clause 55 and relating to trespass with intent to search for or to pursue hares with dogs etc.