Hunting with Dogs (Scotland) Act 2023

21 Deprivation orders

(1) Where a person is convicted of a relevant offence, the convicting court may make an order (in this Part referred to as a “deprivation order”) in respect of any dog or horse used in or present at the commission of the offence.

(2) A deprivation order is an order—

(a) depriving a person of possession or ownership (or both) of a dog or horse, and

(b) for—

(i) the destruction,

(ii) the sale, or

(iii) another disposal,

of the dog or horse.

(3) The court may not make—

(a) a deprivation order which involves the destruction of a dog or horse unless it is satisfied, on evidence provided (orally or in writing) by a veterinary surgeon, that destruction would be in the interests of the dog or horse,

(b) any other deprivation order unless it has considered the need to ensure the welfare of the dog or horse.

(4) Where the court decides not to make a deprivation order in relation to a relevant offence, it must state its reasons unless it makes a disqualification order under section 22 in relation to the offence.

(5) A deprivation order may be made in addition to, or instead of, any other penalty or order which may be imposed in relation to a relevant offence.

(6) A deprivation order may make provision in respect of any dependent offspring of a dog or horse to which it applies.

(7) A deprivation order may include—

(a) provision—

(i) appointing a person who is to secure that the order is carried out,

(ii) requiring any person possessing a dog or horse to which the order applies to give it up to a person appointed under sub-paragraph (i),

(b) provision authorising—

(i) a person appointed under paragraph (a)(i), and

(ii) any person acting on that person’s behalf,

to enter any premises where a dog or horse to which the order applies is kept, for the purposes of securing that the order is carried out,

(c) such other provision as the court considers appropriate in connection with the order.

(8) Provision under subsection (7)(c) may in particular—

(a) require reimbursement of—

(i) any expenses reasonably incurred in carrying out the order,

(ii) if the dog or horse was seized by a constable under paragraph 4(b) or 5(2)(b) of the schedule, any expenses reasonably incurred in relation to it since it was seized,

(b) relate to the retention of the proceeds of any sale.

(9) Before making a deprivation order, the court must give the owner of the dog or horse concerned an opportunity to make representations unless it is not practicable for the court to do so.

(10) In this section, “relevant offence” means—

(a) an offence under section 1(1),

(b) an offence under section 2(2),

(c) an offence under section 14(1) or (4),

(d) an offence under section 22(10) committed by reason of owning or keeping a dog.