Animal destruction order – animal welfare

Animal Welfare Act, section 38

• 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 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.

• 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.