The Dogs (Northern Ireland) Order 1983

Punishment without prosecution of certain offences N.I.

Offences to which Articles 36 to 39 apply N.I.

35.—(1) Articles 36 to 39 shall apply to an offence under—

(a) Article 17(1) (keeping dog without a licence);

(b) Article 22(1) (penalty for dog straying);

(c) Article 25(3) (control of dogs on certain roads and on land);

(d) Article 31(2), being an offence committed by failing to display the keeper's name and address or any other identification in contravention of regulations made under paragraph (1)(b) or (c) of that Article or to display a disc or other licence identification in contravention of regulations made under paragraph (1)(d) of that Article;

(e) sections 1 and 2 of the [1950 c. 13 (N.I.)] Control of Greyhounds, etc., Act (Northern Ireland)1950 (greyhounds not to be in a public place unless controlled and muzzled and no more than 2 greyhounds to be exercised or led in a public place);

Sub‐para.(f) rep. by 1994 NI 10

(2) The Department may by order, F1 . . . specify other offences under this Order to which Articles 36 to 39 shall apply.

F1 Words in art. 35(2) repealed (28.7.2011) by Dogs (Amendment) Act (Northern Ireland) 2011 (c. 9), ss. 17(2), 18(1), Sch. 2; S.R. 2011/281, art. 2, Sch.

Procedure N.I.

36.—(1) Where an officer finds a person on any occasion and has reason to believe that on that occasion he is committing or has committed an offence to which this Article and Articles 37 to 39 apply he may give that person a notice in writing offering the opportunity of the discharge of any liability to conviction of that offence by payment of a fixed penalty under Article 37.

(2) A person to whom a notice is given under this Article in respect of an offence shall not be liable to be convicted of that offence if the fixed penalty is paid in accordance with Article 37 before the expiration of 14 days following the date of the notice or such longer period, if any, as may be specified in the notice.

(3) Where a person is given a notice under this Article in respect of an offence proceedings shall not be taken against any person for that offence until the end of the 14 days following the date of the notice or such longer period, if any, as may have been specified in the notice.

(4) A notice under this Article shall be in such form as may be prescribed and shall give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence and shall state—

(a) the period during which, by virtue of paragraph (3), proceedings will not be taken for the offence;

(b) the amount of the fixed penalty; and

(c) the person to whom and the address at which the fixed penalty may be paid.

(5) In this Article “proceedings” means any criminal proceedings in respect of the act constituting the offence specified in the notice under this Article, and “convicted” shall be construed in like manner.

Payment of fixed penalty N.I.

37.—(1) Payment of a fixed penalty shall be made to or at the office of the clerk of petty sessions specified in the notice served under Article 36 or to such other person or to or at such other office as the Department may, by order, direct.

(2) Sums paid by way of a fixed penalty for any offence to which Articles 36 to 39 apply shall be treated as if they were fines imposed on summary conviction for that offence.

(3) In any proceedings a certificate that payment of a fixed penalty was or was not made by a date specified in the certificate to or at the office of the appropriate clerk of petty sessions or to such other person or to or at such other office as the Department may, by an order made under paragraph (1), direct shall, if the certificate purports to be signed by the clerk of petty sessions or such other person as the Department may, by an order made under paragraph (1), direct, be sufficient evidence of the facts stated unless the contrary is proved.

(4) Regulations may prescribe—

(a) the duties under Articles 36 to 39 of persons of offices specified by an order made under paragraph (1); and

(b) the information to be supplied to clerks of petty sessions and to such other persons or offices.

Valid from 03/10/2011

[F2 Use of fixed penalty receipts N.I.

37A— (1) This Article applies in relation to amounts paid to a district council in pursuance of notices under Article 36 (its “fixed penalty receipts”).

(2) A district council may use its fixed penalty receipts only for the purposes of its functions under this Order.]

F2 Art. 37A inserted (3.10.2011) by Dogs (Amendment) Act (Northern Ireland) 2011 (c. 9), ss. 13, 18(1); S.R. 2011/332, art. 2, Sch.

Amount of fixed penalty N.I.

38.—(1) The fixed penalty for an offence to which Articles 36 to 39 apply shall, subject to paragraph (2), be—

(a) in the case of an offence mentioned in Article 35(1)(a),—

(i) 3 times the amount of the sum payable under Article 7(1) on the issue of a licence; or

(ii) £25;

whichever is the greater; or

(b) in the case of any offence mentioned in Article 35(1)(b) to (f), £10 or one-half of the maximum amount of the fine to which a person is liable on summary conviction of the offence, whichever is the lesser.

(2) The Department may by order, subject to affirmative resolution, provide for the fixed penalty to be in any case more or less than £25 or, as the case may be, £10 (but not more than one-half of the maximum amount of the fine to which a person is liable on summary conviction of the offence).

References in proceedings to notices and fixed penalties under Articles 36 to 38 N.I.

39.  In any proceedings for an offence to which Articles 36 to 38 apply, no reference shall be made to the giving of any notice under those Articles, or to the payment or non-payment of a fixed penalty under those Articles unless in the course of the proceedings or in some document which is before the court in connection with the proceedings reference has been made by or on behalf of the accused to the giving of such a notice or, as the case may be, to such a payment or non-payment.