Ancillary Orders Consultation

Guideline users should be aware that the Equal Treatment Bench Book covers important aspects of fair treatment and disparity of outcomes for different groups in the criminal justice system. It provides guidance which sentencers are encouraged to take into account wherever applicable, to ensure that there is fairness for all involved in court proceedings.

Animal Welfare Act 2006, section 37 

Animal Welfare Act 2006, section 38

The court by or before which a person is convicted of an offence under:

• causing unnecessary suffering (s.4);
• mutilation (s.5);
• docking of dogs’ tails (s.6(1) and 6(2));
• administration of poisons etc. (s.7);
• fighting etc. (s.8(1) and (2)) and
• breach of duty to ensure welfare (s.9)

may order the destruction of an animal in relation to which the offence was committed if it is satisfied, on the basis of evidence given by a veterinary surgeon, that it is appropriate to do so in the interests of the animal.

The court must give the owner of the animal an opportunity to be heard, unless it is satisfied that it is not reasonably practicable to communicate with the owner.

The court by or before which a person is convicted of an offence under section 8 (1) or (2) may order the destruction of an animal in relation to which the offence was committed on grounds other than the interests of the animal.

The court must give the owner of the animal an opportunity to be heard, unless it is satisfied that it is not reasonably practicable to communicate with the owner.

The Court may:

• appoint a person to carry out, or arrange for the carrying out of, the order;
• require a person who has possession of the animal to deliver it up to enable the order to be carried out;
• give directions with respect to the carrying out of the order (including directions about how the animal is to be dealt with until it is destroyed);
• confer additional powers (including power to enter premises where the animal is being kept) for the purpose of, or in connection with, the carrying out of the order;
• order the offender or another person to reimburse the expenses of carrying out the order.