(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).
Commencement Information
I1S. 65 not in force at Royal Assent, see s. 208(1)
I2S. 65 in force at 1.8.2022 by S.I. 2022/520, reg. 7