Recovery order (dogs) - for consultation only

May be made by

A magistrates’ court or the Crown Court

Relevant legislation

Police, Crime, Sentencing and Courts Act 2022, section 65

Availability

Where a person is

• convicted of a relevant offence,
• a dog was used in, or was present at, the commission of the offence, and
• the dog was lawfully seized and detained in connection with the offence,

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.

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.

Relevant offences

• 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);
• an offence under section 30 of the Game Act 1831 (trespass in daytime in search of game etc);
• an offence under section 63 (trespass with intent to search for or to pursue hares with dogs etc);
• an offence under section 64 (being equipped for searching for or pursuing hares with dogs etc).

Recovery order

Any sum required to be paid under the order is to be treated for the purposes of enforcement as if it were a fine imposed on conviction.