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

Animal Welfare Act 2006, section 40

Availability

Where a person is convicted of one of the following offences:

• causing unnecessary suffering (s.4)
• mutilation (s.5)
• docking of dogs’ tails (ss.6(1) and 6(2))
• administration of poisons etc. (s.7), or
• fighting etc. (s.8)

the court by or before which the offender is convicted may order any qualifying item which is shown to the satisfaction of the court to relate to the offence to be forfeited, and destroyed, or dealt with in such manner as may be specified in the order.

Qualifying item:

• section 4 offences: anything designed or adapted for causing suffering to an animal
• section 5 offences: anything designed or adapted for carrying out a prohibited procedure on an animal
• section 6(1) or (2) offences: anything designed or adapted for removing the whole or any part of a dog's tail
• section 7 offences: anything designed or adapted for administering any drug or substance to an animal
• section 8(1) or (2) offences: anything designed or adapted for use in connection with an animal fight
• section 8(3) offences: a video recording of an animal fight, including anything on or in which the recording is kept.

Considerations

The court shall not order anything to be forfeited if a person claiming to be the owner of it or otherwise interested in it applies to be heard by the court, unless they have been given an opportunity to show cause why the order should not be made.