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An Act to extend the powers available to a court on a complaint under section 2 of the Dogs Act 1871 together with additional rights of appeal and enhanced penalties |
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[27th
July 1989]
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1
Additional powers of court on complaint about dangerous dog
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(1) Where
a magistrates’ court makes an order under section 2 of the Dogs Act 1871
directing a dog to be destroyed it may also—
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(a) | appoint
a person to undertake its destruction and require any person having custody
of the dog to deliver it up for that purpose; and
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(b) | if
it thinks fit, make an order disqualifying the owner for having custody
of a dog for such period as is specified in the order.
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(2) An
appeal shall lie to the Crown Court against any order under section 2 of
that Act or under subsection (1) above; and, unless the owner of a dog which
is ordered to be delivered up and destroyed gives notice to the court that
made the order that he does not intend to appeal against it, the dog shall
not be destroyed pursuant to the order—
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(a) | until
the end of the period within which notice of appeal to the Crown Court against
the order can be given; and
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(b) | if
notice of appeal is given within that period, until the appeal is determined
or withdrawn.
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(3) Any
person who fails to comply with an order under section 2 of the said Act
of 1871 to keep a dog under proper control or to deliver a dog up for destruction
as required by an order under subsection (1)(a) above is guilty of an offence
and liable on summary conviction to a fine not exceeding level 3 on the
standard scale and the court may, in addition, make an order disqualifying
him for having custody of a dog for such period as is specified in the order.
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(4) A
person who is disqualified for having custody of a dog by virtue of an order
made under subsection (1)(b) or (3) 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 court) for a direction terminating the disqualification.
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(5) On
an application under subsection (4) above the court may—
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(a) | having
regard to the applicant’s character, his conduct since the disqualification
was imposed and any other circumstances of the case, grant or refuse the
application; and
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(b) | order
the applicant to pay all or any part of the costs of the application;
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and where
an application in respect of an order is refused no further application
in respect of that order shall be entertained if made before the end of
the period of one year beginning with the date of the refusal.
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(6) Any
person who has custody of a dog in contravention of an order made under
subsection (1)(b) or (3) above is guilty of an offence and liable on summary
conviction to a fine not exceeding level 5 on the standard scale.
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(7) This
section shall apply to Scotland subject to the following adaptations—
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(a) | in
subsection (1) for the words “magistrates” court” there shall be substituted
the words “court of summary jurisdiction”;
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(b) | in
subsection (2)—
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(i) for
the words “shall lie to the Crown Court” there shall be substituted the
words “may be made to the High Court within a period of 7 days commencing
with the date of the order”;
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“(a) | until the end of the said period of 7 days; and”; |
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(c) | in
subsection (4) the words “(or any magistrates’ court acting for the same
petty sessions area as that court)” shall be omitted.
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NOTES
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Specified
date Specified date: 27 August 1989: see s 2(4). |
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See Further |
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See further,
in relation to orders under section 2 of the Dogs Act 1871: the Dangerous
Dogs Act 1991, s 3(7).
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2
Short title, consequential amendment and repeals, commencement and extent
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(1) This
Act may be cited as the Dangerous Dogs Act 1989.
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(2),
(3) . . .
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(4) This
Act shall come into force at the end of the period of one month beginning
with the day on which it is passed and does not affect the said Acts of
1871 and 1938 in relation to any complaint made before the coming into force
of this Act.
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(5) This
Act does not extend to Northern Ireland.
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Specified
date Specified date: 27 August 1989: see para (4) above. |
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Amendment |
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Sub-ss (2), (3): amend the Dogs Act 1871 ss 2, 5, 6, repeal s 4 and repeal the Dogs (Amendment) Act 1938. | |||||||
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