Dangerous Dogs (Amendment) Act 1997
| Year | 1997 |
Dangerous Dogs (Amendment) Act 1997
1997 Chapter 53
An Act to amend the Dangerous Dogs Act 1991 and for connected purposes.
[21st March 1997]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Destruction orders.
(1) In paragraph (a) of subsection (1) of section 4 (destruction and disqualification orders) of the Dangerous Dogs Act 1991 (‘the 1991 Act’), after the words ‘committed and’ there shall be inserted the words ‘, subject to subsection (1A) below,’.
(2) After that subsection there shall be inserted the following subsection—
(1A) Nothing in subsection (1)(a) above shall require the court to order the destruction of a dog if the court is satisfied—
(a) that the dog would not constitute a danger to public safety and
(b) where the dog was born before 30th November 1991 and is subject to the prohi bition in section 1(3) above, that there is a good reason why the dog has not been exempted from that prohibition.’
(3) In subsection (2) of that section, the words ‘then, unless the order is one that the court is required to make’ shall cease to have effect.
(4) In subsection (3)(a) of that section, the words ‘, where the order was not one that the court was required to make’ shall cease to have effect.
2 Contingent destruction orders.
2. After section 4 of the 1991 Act there shall be inserted the following section—
4A ‘Contingent destruction orders.
(1)Where—
(a) a person is convicted of an offence under section 1 adove or aggravated offence under section 3(1) or (3) adove;
(b) the court dose 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) aboe,
the court shall order that, unless the dog is exempted form that prohibition within the requisite, the 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.’
3 Destruction orders otherwise than on a conviction.
(1) After section 4A of the 1991 Act there shall be inserted the following section—
4B ‘Destruction orders otherwise than on a...
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