- Latest available (Revised)
- Original (As enacted)
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
After section 4 of the 1991 Act there shall be inserted the following section—
(a)a person is convicted of an offence under section 1 above or an aggravated offence under section 3(1) or (3) above;
(b)the court does not order the destruction of the dog under section 4(1)(a) above; and
(c)in the case of an offence under section 1 above, the dog is subject to the prohibition in section 1(3) above,
the court shall order that, unless the dog is exempted from that prohibition within the requisite period, the dog shall be destroyed.
(2)Where an order is made under subsection (1) above in respect of a dog, and the dog is not exempted from the prohibition in section 1(3) above within the requisite period, the court may extend that period.
(3)Subject to subsection (2) above, the requisite period for the purposes of such an order is the period of two months beginning with the date of the order.
(4)Where a person is convicted of an offence under section 3(1) or (3) above, the court may order that, unless the owner of the dog keeps it under proper control, the dog shall be destroyed.
(5)An order under subsection (4) above—
(a)may specify the measures to be taken for keeping the dog under proper control, whether by muzzling, keeping on a lead, excluding it from specified places or otherwise; and
(b)if it appears to the court that the dog is a male and would be less dangerous if neutered, may require it to be neutered.
(6)Subsections (2) to (4) of section 4 above shall apply in relation to an order under subsection (1) or (4) above as they apply in relation to an order under subsection (1)(a) of that section.”
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Click 'View More' or select 'More Resources' tab for additional information including: