Police, Crime, Sentencing and Courts Act 2022 – Further provisions in force from 1st August 2022.
The Police, Crime, Sentencing and Courts Act 2022 was passed on 28th April 2022. Some provisions of the Act came in force on 28th April 2022, 12th May 2022, and 28th and 29th June. The following provisions are in force from 1st August 2022:
- Sections 62 to 70: Offences relating to hares etc.
- Section 62: Increases the maximum penalty available on conviction for an offence under section 1 of the Night Poaching Act 1828 and for an offence under section 30 of the Game Act 1831. Amends section 4A of the Game Laws (Amendment) Act 1960 (forfeiture of vehicles) so that the court may now order forfeiture of a vehicle upon conviction for an offence under section 30 of the Game Act 1831 where fewer than 5 people are involved in committing that offence.
- Section 63: New section 63 creates offences relating to trespassing on land with the intention of using a dog to search for or to pursue hares with dogs.
- Section 64: New section 64 makes it an offence for a person to 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.
- Section 65: New section 65 introduces a new power for the court to order, upon conviction for certain offences, that the offender should reimburse all expenses incurred as a result of the police seizing and detaining a dog in connection with a specified offence.
- Section 66: New section 66 provides for a court to make a disqualification order preventing an offender from owning or keeping a dog where he is convicted of certain offences, namely:
- section 1 of the Night Poaching Act 1828;
- section 30 of the Game Act 1831;
- the new criminal offence of trespass with intent to search for or to pursue hares with dogs etc set out in section 63 of the Police, Crime, Sentencing and Courts Act 2022;
- the new criminal offence of being equipped for searching for or pursuing hares with dogs etc set out in section 64 of the Police, Crime, Sentencing and Courts Act 2022.
- Section 67: New section 67 makes provision for the court to order a dog to be taken into possession in connection with a disqualification order made under section 66.
- Section 68: New section 68 provides arrangements for a person subject to a disqualification order to apply for termination of that order.
- Section 69: New section 69 contains supplementary provisions in relation to the court making an order for the seizure and disposal of dogs in connection with a disqualification order.
- Section 70: New section 70 provides for appeals against disqualification orders and orders for seizure and disposal in connection with a disqualification order.
Home Office Circular 005/2022 has been issued to inform the police and other relevant public authorities of the provisions of the Police, Crime, Sentencing and Courts Act 2022 (“the Act”), which have come in force from 12 May 2022.
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