PART IIIN.I.CONTROL OF DOGS

Stray dogsN.I.

[F1Seizure of dangerous dogs and powers of entryN.I.

25C—(1) An officer may seize—

(a)any dog which appears to him to be a dog to which Article 25A applies and which is in a public place—

(i)after the time when possession or custody of it has become unlawful by virtue of that Article; or

(ii)before that time, without being muzzled and kept on a lead;

(b)any dog in a public place which appears to him to be a dog to which an order under Article 25B applies and in respect of which an offence against the order has been or is being committed; and

(c)any dog in a public place (whether or not one to which that Article or such an order applies) which appears to him to be attacking any person.

(2) If a resident magistrate is satisfied by complaint on oath that there are reasonable grounds for believing—

(a)that an offence under Article 25A, [F229] or 33A(4) or an order under Article 25B is being or has been committed; or

(b)that evidence of the commission of any such offence is to be found,

on any premises he may issue a warrant under his hand authorising an officer to enter those premises and to search them and seize any dog or other thing found there which is evidence of the commission of such an offence.

(3) Where a dog is seized under paragraph (1) or (2) and it appears to a resident magistrate that no person has been or is to be prosecuted for an offence mentioned in paragraph (2)(a) in respect of that dog (whether because the keeper cannot be found or for any other reason)[F3the district judge (magistrates' court) may order the destruction of the dog and shall do so unless satisfied that the dog will not be a danger to the public.]

[F4(4) If—

(a)the dog is one to which Article 25A applies,

(b)the district judge (magistrates' court) does not order the destruction of the dog under paragraph (3), and

(c)the dog is subject to the prohibition in Article 25A(3),

the district judge (magistrates' court) shall order that, unless the dog is exempted from the prohibition in Article 25A(3) within the period of two months beginning with the date of the order, the dog shall be destroyed.]]