(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 63 (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 63 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 building or structure which is used as a dwelling, or
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.
Commencement Information
I1S. 64 not in force at Royal Assent, see s. 208(1)
I2S. 64 in force at 1.8.2022 by S.I. 2022/520, reg. 7