(1)Where a person is convicted of—
(a)an offence under section 28C; or
(b)an offence under section 28F(16) by reason of owning or keeping an animal,
the convicting court may make an order (in this section and section 28H referred to as a “ deprivation order ”) in respect of any animal in relation to which the offence was committed.
(2)A deprivation order is an order—
(a)depriving a person of possession or ownership (or both) of an animal; and
(b)for—
(i)the destruction;
(ii)the sale; or
(iii)another disposal,
of the animal.
(3)Where the court decides not to make a deprivation order in relation to an offence referred to in subsection (1), it must state its reasons except where it makes a disqualification order in relation to the offence.
(4)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.
(5)A deprivation order may make provision in respect of any dependent offspring of an animal to which it applies.
(6)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 an animal 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, for the purposes of securing that the order is carried out, any premises where an animal to which the order applies is kept;
(c)such other provision as the court considers appropriate in connection with the order.
(7)Provision under subsection (6)(c) may, in particular—
(a)require reimbursement of any expenses reasonably incurred in carrying out the order;
(b)relate to the retention of any proceeds of the disposal.
(8)The court may not make a deprivation order involving the destruction of an animal unless it is satisfied, on evidence provided (orally or in writing) by a veterinary surgeon, that destruction would be in the interests of the animal.
(9)Before making a deprivation order, the court must give the owner of the animal concerned an opportunity to make representations unless it is not practicable for it to do so.
(10)A deprivation order is, for the purposes of any appeal under the Criminal Procedure (Scotland) Act 1995 (c. 46), to be treated as a sentence.
(11)Where a deprivation order is made, any person (apart from a person who may appeal against the order by virtue of subsection (10)) who has an interest in any animal to which the order applies may appeal to the [F2High Court of Justiciary][F2appropriate Appeal Court] against the order by the same procedure as applies under subsection (10).
[F3(11A)In subsection (11), “appropriate Appeal Court” means—
(a)in the case of an appeal against an order made following summary conviction, the Sheriff Appeal Court; and
(b)in the case of an appeal against an order made following conviction on indictment, the High Court of Justiciary.]
(12) In this section and section 28G, “ premises ” includes—
(a)any land or building; or
(b)any other place, in particular—
(i)a vehicle or vessel; or
(ii)a tent or moveable structure.
(13) In this section and section 28G, “ veterinary surgeon ” means a person registered in the register of veterinary surgeons, or the supplementary veterinary register, kept under the Veterinary Surgeons Act 1966 (c. 36). ]
Textual Amendments
F1Ss. 28C-28H inserted (S.) (6.10.2006) by Animal Health and Welfare (Scotland) Act 2006 (asp 11), ss. 10, 55(1) (with s. 54); S.S.I. 2006/482, art. 2
F2Words in s. 28E(11) substituted (S.) (22.9.2015) by The Courts Reform (Scotland) Act 2014 (Consequential Provisions No. 2) Order 2015 (S.S.I. 2015/338), art. 1, Sch. 2 para. 1(2) (with art. 4)
F3S. 28E(11A) inserted (S.) (22.9.2015) by The Courts Reform (Scotland) Act 2014 (Consequential Provisions No. 2) Order 2015 (S.S.I. 2015/338), art. 1, Sch. 2 para. 1(3) (with art. 4)