Moved by
Lord Sharpe of Epsom
109KA: After Clause 55, insert the following new Clause—
“Recovery 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 (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);
(d) an offence under section (Being equipped for searching for or pursuing hares with dogs etc) (being equipped for searching for or pursuing hares with dogs etc).”
Member’s explanatory statement
This amendment provides for a court to order an offender to pay for the costs of seizing and detaining a dog where the dog has been lawfully seized and detained in connection with certain offences involving dogs.
109L: After Clause 55, insert the following new Clause—
“Disqualification 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 (Termination of disqualification order) 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 (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);
(d) an offence under section (Being equipped for searching for or pursuing hares with dogs etc) (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 (Disqualification order on conviction for certain offences involving dogs) 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.””
Member’s explanatory statement
This amendment provides for a court to make a disqualification order preventing an offender from owning or keeping a dog where the offender is convicted of certain offences involving dogs.
109M: After Clause 55, insert the following new Clause—
“Seizure and disposal of dogs in connection with disqualification order
(1) Where, on a court making a disqualification order, it appears to the court that the person to whom the order applies owns or keeps a dog contrary to the order, the court may order that the dog be taken into possession.
(2) Where a person is convicted of an offence under section (Disqualification order on conviction for certain offences involving dogs) (6) by reason of owning or keeping a dog in breach of a disqualification order, the court by which the person is convicted may order that all dogs owned or kept in breach of the order be taken into possession.
(3) An order under subsection (1) or (2), so far as relating to any dog owned by the person to whom the disqualification order applies, must make provision for disposal of the dog.
(4) Any dog taken into possession in pursuance of an order under subsection (1) or (2) that is not owned by the person subject to the disqualification order is to be dealt with in such manner as an appropriate court may order.
(5) But an order under subsection (4) may not provide for the dog to be—
(a) destroyed, or
(b) disposed of for the purposes of vivisection.
(6) A court may not make an order for disposal of the dog under subsection (4) unless—
(a) it has given the owner of the dog an opportunity to be heard, or
(b) it is satisfied that it is not reasonably practicable to communicate with the owner.
(7) Where a court makes an order under subsection (4) for the disposal of the dog, the owner of the dog may appeal against the order to the Crown Court.
(8) In this section—
“appropriate court” means—
(a) the magistrates’ court which made the order under subsection (1) or (2), or
(b) another magistrates’ court acting for the same local justice area as that court;
“disqualification order” has the same meaning as in section (Disqualification order on conviction for certain offences involving dogs).
(9) In this section references to disposing of a dog do not include—
(a) destroying it, or
(b) disposing of it for the purposes of vivisection.”
Member’s explanatory statement
This amendment provides for a court to make an order for a dog to be taken into possession where a person owns or keeps the dog in contravention of a disqualification order made under the new Clause in the name of Baroness Williams of Trafford to be inserted after Clause 55 and relating to disqualification orders on conviction for certain offences involving dogs.
109N: After Clause 55, insert the following new Clause—
“Termination of disqualification order
(1) A person who is subject to a disqualification order may apply to an appropriate court for the order to be terminated.
(2) No application under subsection (1) may be made—
(a) before the end of the period of one year beginning with the date on which the disqualification order was made,
(b) where a previous application under that subsection has been made in relation to the same order, before the end of the period of one year beginning with the date on which the previous application was determined, or
(c) before the end of any period specified under section (Disqualification order on conviction for certain offences involving dogs) (3), or subsection (5), in relation to the order.
(3) On an application under subsection (1), the court may—
(a) terminate the disqualification order,
(b) vary the order so as to make it less onerous, or
(c) refuse the application.
(4) When determining an application under subsection (1), the court is to have regard to—
(a) the character of the applicant,
(b) the applicant’s conduct since the disqualification order was made, and
(c) any other relevant circumstances.
(5) Where the court refuses an application under subsection (1) or varies a disqualification order on such an application, it may specify a period during which the applicant may not make a further application under that subsection in relation to the order concerned.
(6) The court may order an applicant to pay all or part of the costs of an application.
(7) In this section—
“appropriate court” means—
(a) the magistrates’ court which made the disqualification order, or
(b) another magistrates’ court acting for the same local justice area as that court;
“disqualification order” has the same meaning as in section (Disqualification order on conviction for certain offences involving dogs).”
Member’s explanatory statement
This amendment makes provision in relation to the termination or variation of a disqualification order made under the new Clause in the name of Baroness Williams of Trafford to be inserted after Clause 55 and relating to disqualification orders on conviction for certain offences involving dogs.