PART 2Prevention, investigation and prosecution of crime

CHAPTER 4Other provisions

Offences relating to hares etc

67Seizure and disposal of dogs in connection with disqualification order

(1)

Where, on a court making a disqualification order, it appears to the court that the person to whom the order applies owns or keeps a dog contrary to the order, the court may order that the dog be taken into possession.

(2)

Where a person is convicted of an offence under section 66(6) by reason of owning or keeping a dog in breach of a disqualification order, the court by which the person is convicted may order that all dogs owned or kept in breach of the order be taken into possession.

(3)

An order under subsection (1) or (2), so far as relating to any dog owned by the person to whom the disqualification order applies, must make provision for disposal of the dog.

(4)

Any dog taken into possession in pursuance of an order under subsection (1) or (2) that is not owned by the person subject to the disqualification order is to be dealt with in such manner as an appropriate court may order.

(5)

But an order under subsection (4) may not provide for the dog to be—

(a)

destroyed, or

(b)

disposed of for the purposes of vivisection.

(6)

A court may not make an order for disposal of the dog under subsection (4) unless—

(a)

it has given the owner of the dog an opportunity to be heard, or

(b)

it is satisfied that it is not reasonably practicable to communicate with the owner.

(7)

Where a court makes an order under subsection (4) for the disposal of the dog, the owner of the dog may appeal against the order to the Crown Court.

(8)

In this section—

“appropriate court” means—

(a)

the magistrates’ court which made the order under subsection (1) or (2), or

(b)

another magistrates’ court acting for the same local justice area as that court;

“disqualification order” has the same meaning as in section 66.

(9)

In this section references to disposing of a dog do not include—

(a)

destroying it, or

(b)

disposing of it for the purposes of vivisection.