Draft guidelines should not be taken into account when sentencing.
Guideline users should be aware that the Equal Treatment Bench Book covers important aspects of fair treatment and disparity of outcomes for different groups in the criminal justice system. It provides guidance which sentencers are encouraged to take into account wherever applicable, to ensure that there is fairness for all involved in court proceedings.
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May be made by |
A magistrates’ court or the Crown Court |
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Relevant legislation |
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Availability |
Where a person is convicted of an offence under:
and a dog was used in or was present at the commission of the offence, the court may make an order disqualifying the offender from owning dogs, keeping dogs, or both. 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. |
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Effect of the order |
Where an offender is disqualified, the disqualification relates to any and all dogs. Where the offender owns or keeps a dog, the court may 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. |
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Length of the order |
For such period as the court thinks fit. The court may specify a period during which the offender may not make an application under section 68 for termination of the order. |
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Reasons |
The court is required to give its reasons for making an order and cause them to be entered in the register of proceedings. |
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Consequences of Breach |
Breach of a disqualification order is a criminal offence, maximum penalty a level 3 fine. |
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Sentencing guidelines that will include a drop down of this guidance:
Hare coursing