Badgers (Further Protection) Act 1991
| Year | 1991 |
Badgers (FurtherProtection) Act 1991
1991 CHAPTER 35
An Act to confer additional powers on a court where a dog has been used in or was present at the commission of certain offences under the Badgers Act 1973.
[25th July 1991]
e it enactedB 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 Powers of court where dog used in or present at commission of offence.
(1) Where a dog has been used in or was present at the commission of an offence under section 1(1) or 2 of the Badgers Act 1973 (taking, injuring or killing badgers and offences of cruelty) the court, on convicting the offender, may, in addition to or in substitution for any other punishment, make either or both of the following orders—
(a) an order for the destruction or other disposal of the dog;
(b) an order disqualifying the offender, for such period as it thinks fit, for having custody of a dog.
(2) Where the court makes an order under subsection (1)(a) above, it may—
(a) appoint a person to undertake the destruction or other disposal of the dog and require any person having custody of the dog to deliver it up for that purpose; and
(b) order the offender to pay such sum as the court may determine to be the reasonable expenses of destroying or otherwise disposing of the dog and of keeping it pending its destruction or disposal.
(3) Where an order under subsection (1)(a) above is made in relation to a dog owned by a person other than the offender, the owner of the dog may appeal to the Crown Court against the order.
(4) A dog shall not be destroyed pursuant to an order under subsection (1)(a) above—
(a) until the end of the period within which notice of appeal to the Crown Court against the order can be given; and
(b) if notice of appeal is given within that period, until the appeal is determined or withdrawn,
unless the owner of the dog gives notice to the court which made the order that he does not intend to appeal against it.
(5) A person who is disqualified for having custody of a dog by virtue of an order made under subsection (1)(b) above may, at any time after the end of the period of one year beginning with the date of the order, apply to the court that made it (or any magistrates' court acting for the same petty sessions area as that...
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