Sections 63 and 64 of The Police, Crime, Sentencing and Courts Act 2022 came in to force on 1st August 2022.
It created two new offences of trespass with intent to pursue hares (s.63 PCSCA 2022) and being equipped to search for or pursue hares (s.64 PCSCA 2022).
The s 63 offence (Trespass with intent to search for or to pursue hares with dogs etc.)
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.
It is a defence for a person charged to prove that they had a reasonable excuse for the trespass mentioned in that subsection.
The offence carries a maximum term of imprisonment of 6 months.
The s 64 offence (Being equipped for searching for or pursuing hares with dogs etc.)
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).
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.
The offence carries a maximum term of imprisonment of 6 months.
Kennelling Costs
Under section 65 of the Act the court may on conviction make an order for recovery of the costs (“kennelling costs”) incurred in the seizure and detention of any dog which has been lawfully seized and which was involved in or present at the commission of an offence under sections 63 or 64.
How can we help?
We ensure we keep up to date with any changes in legislation and case law so that we are always best placed to advise you properly. If you would like to discuss any aspect of your case, please contact us in Alfreton : 01773 832 511, Derby : 01332 369 090, or Heanor : 01773 769 891. Additionally, you can fill out our online enquiry form where a member of our team will be in touch shortly.
Image credit: Hunting Dog by nugefishes CC Licence
