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.

May be made by

A magistrates' court or the Crown Court

Relevant legislation

Dangerous Dogs Act 1991, section 4

Dangerous Dogs Act 1991, section 4A

Destruction Order Availability

Where a person is convicted of:

• an offence under section 1 (dogs bred for fighting);
• an offence under section 3(1) (keeping dogs under proper control); or
• an offence created by an order under section 2 (other specifically dangerous dogs)

the court may order the destruction of any dog in respect of which the offence was committed and shall do so in the case of an offence under section 1 or an aggravated offence under section 3(1) (injury caused), unless the court is satisfied that the dog would not constitute a danger to public safety.

Considerations

When deciding whether a dog would constitute a danger to public safety, the court must consider:

• the temperament of the dog and its past behaviour, and
• whether the owner of the dog, or the person for the time being in charge of it, is a fit and proper person to be in charge of the dog,

and may consider any other relevant circumstances.

Fit and proper person:

In determining whether a person is a fit and proper person to be in charge of a dog the following non-exhaustive factors may be relevant:

• any relevant previous convictions, cautions or penalty notices;
• the nature and suitability of the premises that the dog is to be kept at by the person;
• where the police have released the dog pending the court’s decision whether the person has breached conditions imposed by the police; and
• any relevant previous breaches of court orders.

Contingent Destruction Order

• Where the offender was convicted of an offence under:

• section 1 (dogs bred for fighting) and the dog is subject to the prohibition in section 1(3); or
• an aggravated offence under section 3(1) (injury caused)

and the court does not order the destruction of the dog, the court shall order that, unless the dog is exempted from that prohibition within 2 months (which can be extended), the dog shall be destroyed.

• Where the offender was convicted of an offence under section 3(1) (keeping dogs under proper control), the court may order that, unless the owner of the dog keeps it under proper control, the dog shall be destroyed. The Court 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
• 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.

Content of the order

The Court may:

• appoint a person to undertake the destruction of the dog; and
• require any person having custody of it to deliver it up for that purpose; and
• order the offender to pay such sum as the court may determine to be the reasonable expenses of destroying the dog and of keeping it pending its destruction.

Any sum ordered to be paid shall be treated for the purposes of enforcement as if it were a fine imposed on conviction.

Breach of a destruction order is a criminal offence, maximum penalty unlimited fine.