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Animal Welfare Act 2006
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- 2006 c. 45
- Post-conviction powers
- Section 38
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- s. 17-45 Coming into force by S.I. 2007/499 art. 2(2)(g) (commencement order for 2006 c. 45)
- specified purposes Appointed Day(s) by S.I. 2011/150 art. 2 (Day appointed for purposes of s. 15(5))
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- Blanket amendment words substituted by S.I. 2011/1043 art. 3 4
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- S.I. 2007/499 art. 2 commences (2006 c. 45)
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- S.I. 2007/2711 art. 2 commences (2006 c. 45)
- S.I. 2007/3065 art. 2 commences (2006 c. 45)
- S.S.I. 2007/519 art. 2 commences (2006 c. 45)
Prospective
38Destruction of animals involved in fighting offencesE+W
This section has no associated Explanatory Notes
(1)The court by or before which a person is convicted of an offence under section 8(1) or (2) may order the destruction of an animal in relation to which the offence was committed on grounds other than the interests of the animal.
(2)A court may not make an order under subsection (1) unless—
(a)it has given the owner of the animal an opportunity to be heard, or
(b)it is satisfied that it is not reasonably practicable to communicate with the owner.
(3)Where a court makes an order under subsection (1), it may—
(a)appoint a person to carry out, or arrange for the carrying out of, the order;
(b)require a person who has possession of the animal to deliver it up to enable the order to be carried out;
(c)give directions with respect to the carrying out of the order (including directions about how the animal is to be dealt with until it is destroyed);
(d)confer additional powers (including power to enter premises where the animal is being kept) for the purpose of, or in connection with, the carrying out of the order;
(e)order the offender or another person to reimburse the expenses of carrying out the order.
(4)Where a court makes an order under subsection (1) in relation to an animal which is owned by a person other than the offender, that person may—
(a)in the case of an order made by a magistrates' court, appeal against the order to the Crown Court;
(b)in the case of an order made by the Crown Court, appeal against the order to the Court of Appeal.
(5)In subsection (1), the reference to an animal in relation to which the offence was committed includes an animal which took part in an animal fight in relation to which the offence was committed.
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