Dangerous Dogs (Amendment) Act 1997
| Jurisdiction | UK Non-devolved |
| Citation | 1997 c. 53 |
(1) In paragraph (a) of subsection (1) of section 4 (destruction and disqualification orders) of the (2) After that subsection there shall be inserted the following subsection—After section 4 of the 1991 Act there shall be inserted the following section— a person is convicted of an offence under section 1 above or an aggravated offence under section 3(1) or (3) above;the court does not order the destruction of the dog under section 4(1) (a) above; andin the case of an offence under section 1 above, the dog is subject to the prohibition in section 1(3) above,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.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.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.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; andif it appears to the court that the dog is a male and would be less dangerous if neutered, may require it to be neutered.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.(1) After section 4A of the 1991 Act there shall be inserted the following section—
- “(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 prohibition in section 1(3) above, that there is a good reason why the dog has not been exempted from that prohibition.
- “(1) Where—
- (a) a person is convicted of an offence under section 1 above or an aggravated offence under section 3(1) or (3) above;
- (b) the court does 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) above, the court shall order that, unless the dog is exempted from that prohibition within the requisite period, the dog shall be destroyed.
- “(1) Where a dog is seized under section 5(1) or (2) below and it appears to a justice of the peace, or in Scotland a justice of the peace or sheriff—
- (a) that no person has been or is to be prosecuted for an offence under this...
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