The Dogs (Northern Ireland) Order 1983

PART IV N.I. DESTRUCTION OF DOGS, SUSPENSION OF LICENCES AND OTHER PROVISIONS

Destruction of dogs N.I.

Power of court to order destruction of dogs N.I.

33.— [F1 (1) Where it appears to a court that a dog has attacked any person or has worried livestock, the court shall unless, having taken account of all the circumstances, it appears to the court that exceptional mitigating factors exist—

(a) make an order directing the dog to be destroyed; or

(b) make an order directing the dog to be destroyed unless such measures as are specified in the order are taken to prevent the dog being a danger to the public or to livestock.

(1ZA) An order under paragraph (1)(b) may include provision requiring the dog to be—

(a) securely fitted with a muzzle sufficient to prevent the dog biting any person;

(b) kept confined in a building, shed, yard or other enclosure from which it cannot escape;

(c) excluded from places specified in the order;

(d) neutered (if it appears to the court that the dog is a male).

(1ZB) If the Department thinks it desirable to do so, it may by order prescribe the kind of muzzle to be used for the purpose of complying, in the case of a dog of any type, with an order under paragraph (1)(b); and if a muzzle of a particular kind is for the time being prescribed in relation to any type of dog, the reference in paragraph (1ZA) to a muzzle shall, in relation to any dog of that type, be construed as a reference to a muzzle of that kind.]

[F1 (1A) Where a person is convicted of an offence under Article 25A or of an offence under an order under Article 25B, the court may make an order directing the dog in respect of which the offence was committed to be destroyed and shall do so unless the court is satisfied that the dog will not be a danger to the public.]

[F2 (1B) If—

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

(b) the court does not order the destruction of the dog under paragraph (1A), and

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

the 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.]

(3) Paragraph (1) shall not apply to a dog which has attacked any person while it was being used—

(a) as a guard dog, or otherwise for guarding persons or property; or

(b) for police purposes; or

(c) for such other purposes as the Department may, by order, specify.

(4) For the purpose of proceedings under this Article any transfer of ownership of the dog after the date of any event giving rise to the complaint shall not prejudice or affect the power of the court to make an order under this Article and such an order may be directed against any owner for the time being of the dog or, where the keeper of the dog is a person other than its owner, against the keeper.

(5) An order made under this Article shall be served on such persons as the court may direct.

(6) For the purposes of—

(a) Articles 60 (appeals) and 61 and 62 (cases stated) of the [S.I. 1980/397 (N.I.3)] County Courts (Northern Ireland) Order 1980;

(b) Articles 143 (appeals) and 146 (cases stated) of the [S.I. 1981/1675 (N.I. 26)] Magistrates' Court (Northern Ireland) Order 1981;

where the court makes an order under this Article directed against the owner of a dog to be destroyed and the owner of the dog by virtue of[F1 paragraph (1) or (1A)], that owner shall be deemed to be a party to the proceedings.

[F1 (7) Where the court makes an order under this Article directing a dog to be destroyed and—

(a) the owner appeals; or

(b) in the case of an order under paragraph (1A), the convicted person appeals against his conviction,

until the appeal is determined or abandoned that order shall have effect as if it were an order under paragraph (1)(b) which included provision such as is mentioned in paragraph (1ZA)(b).]

(8) In this Article “injury” includes injury resulting in death.

F1 2001 c. 1 (NI)

F2 Art. 33(1B) inserted (28.7.2011) by Dogs (Amendment) Act (Northern Ireland) 2011 (c. 9), ss. 9(2), 18(1); S.R. 2011/281, art. 2, Sch.

[F3 Disqualification for keeping a dog N.I.

F3 1991 NI 21

Disqualification orders N.I.

33A.— (1) Where a person is convicted of an offence under Article 25A or [F4 29] or of an offence under an order under Article 25B the court may, in addition to any other penalty which may be imposed, order that person to be disqualified, for such period as the court thinks fit, for keeping a dog.

(2) Subject to paragraph (3), any person disqualified by virtue of an order under this Article may at any time after the expiration of 12 months from the date of the order apply to the court by which the order was made to remove the disqualification, and on any such application the court may, having regard to the character of the applicant, his conduct subsequent to the order, the nature of the offence of which he was convicted and any other circumstances—

(a) direct that, as from such date as may be specified in the direction, the disqualification be removed; or

(b) refuse the application.

(3) Where the court refuses the application, a further application may not be made until the expiration of 12 months from the date of the refusal.

(4) Any person who keeps a dog in contravention of an order made under this Article shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.]

F4 Word in art. 33A(1) substituted (28.7.2011) by Dogs (Amendment) Act (Northern Ireland) 2011 (c. 9), ss. 17(1), 18(1), Sch. 1 para. 3; S.R. 2011/281, art. 2, Sch.

Suspension of licences N.I.

Suspension of licences N.I.

34.—(1) Where the holder of a dog licence or a block licence is convicted of any offence under [F5 Part 2 of the Welfare of Animals Act (Northern Ireland) 2011] in relation to a dog the court by which he is convicted in addition to any other penalty which may be imposed may suspend that licence for such period as the court thinks fit.

(2) A suspended licence shall not be in force during the period of suspension.

(3) Where a dog licence or a block licence is suspended, the court may make such order as it thinks fit for the disposal or destruction of any dog or dogs kept by the holder of the licence.

(4) A court which suspends a dog licence or a block licence shall order the holder of the licence to deliver it to the clerk of the court within a period specified in the order; and if he contravenes the order he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500 or to imprisonment for a term not exceeding 3 months or to both.

(5) The clerk of the court to whom a dog licence or a block licence is delivered under paragraph (4) shall send the licence to the district council by which the licence was issued.

F5 Words in art. 34(1) substituted (11.7.2011) by Welfare of Animals Act (Northern Ireland) 2011 (c. 16), ss. 57(1), 59, Sch. 4 para. 2 (with ss. 1(2), 52(1), 53, 54); S.R. 2011/245, art. 2, Sch. 1

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;

[F6 (da) Article 30E(3) (failure to notify transfer of dog subject to control conditions);

(db) Article 30F(1) (failure to comply with control conditions of dog licence);]

(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, F7 . . . specify other offences under this Order to which Articles 36 to 39 shall apply.

F6 Art. 35(1)(da)(db) inserted (3.10.2011) by Dogs (Amendment) Act (Northern Ireland) 2011 (c. 9), ss. 11(2), 18(1); S.R. 2011/332, art. 2, Sch.

F7 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.

[F8 Payment of fixed penalty N.I.

37.— (1) The fixed penalty payable in pursuance of a notice under Article 36 is payable to the district council whose officer gave the notice.

(2) In any proceedings a certificate which—

(a) purports to be signed on behalf of the clerk of the council, and

(b) states that payment of a fixed penalty was or was not received by a date specified in the certificate,

is evidence of the facts stated.

(3) In this Article “clerk of the council”, in relation to a district council, means the clerk appointed in accordance with section 41 of the Local Government Act (Northern Ireland) 1972 (c. 9).]

F8 Art. 37 substituted (3.10.2011) by Dogs (Amendment) Act (Northern Ireland) 2011 (c. 9), ss. 12, 18(1); S.R. 2011/332, art. 2, Sch.

[F9 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.]

F9 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.

[F10 Amount of fixed penalty N.I.

38.— (1) The amount of a fixed penalty payable to a district council in pursuance of a notice under Article 36 in respect of an offence to which Articles 36 to 38 apply—

(a) is the amount specified by the district council; or

(b) if no amount is so specified, is £75.

(2) A district council may under paragraph (1)(a) specify different amounts in relation to different offences.

(3) A district council may make provision for treating a fixed penalty payable to that council in pursuance of a notice under Article 36 as having been paid if a lesser amount is paid before the end of a period specified by the council.

(4) The Department may by regulations make provision in connection with the powers conferred on district councils under paragraphs (1)(a) and (3).

(5) Regulations under paragraph (4) may (in particular)—

(a) require an amount specified under paragraph (1)(a) to fall within a range prescribed in the regulations;

(b) restrict the extent to which, and in the circumstances in which, a district council can make provision under paragraph (3).

(6) The Department may by order substitute a different amount for the amount for the time being specified in paragraph (1)(b).]

F10 Art. 38 substituted (3.10.2011) by Dogs (Amendment) Act (Northern Ireland) 2011 (c. 9), ss. 14, 18(1); S.R. 2011/332, art. 2, Sch.

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.