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Animal disqualification order

May be made by	A magistrates’ court or the Crown Court
Relevant legislation	Animal Welfare Act 2006, section 34
Availability	A court may make a disqualification order where an offender is convicted of one of the following offences under the Animal Welfare Act 2006: causing unnecessary suffering (s.4); mutilation (s.5); docking of dogs’ tails (ss.6(1) and 6(2)); administration of poisons etc. (s.7); fighting etc. (s.8); breach of duty to ensure welfare (s.9); breach of licensing or registration requirements (s.13(6) and breach of a disqualification order (s.34(9)) The court may instead of, or in addition to, dealing with the offender in any other way, make a disqualification order.
Content of the order	The order may disqualify the offender from: owning or keeping animals; participating in the keeping of animals; being party to an arrangement under which they are entitled to control or influence the way in which animals are kept; dealing in animals; and/or transporting or arranging the transport of animals. In imposing a disqualification order the court can impose an all animals order involving a prohibition against owning or keeping etc any animal or an order limited to a certain type of animal. An order cannot specify a number of animals that can be kept etc.
Seizure of animals	Where it appears to the court that the offender owns or keeps any animal contrary to the disqualification, it may order that all such animals be taken into possession. Where any animal taken into possession is owned by the offender subject to the disqualification, the order has effect as an order for the disposal of the animal. Any animal taken into possession who is not owned by the offender subject to the disqualification, should be dealt with in such manner as the court may order. The Court cannot make an order for its disposal unless the owner has had the opportunity to be heard, or the court is satisfied that it is not reasonably practicable to communicate with them.
Purpose of the order	The purpose of a disqualification order is to protect the future welfare of animals.
Length of the order	For such period as the court thinks fit. In determining the length of the order, the court will consider: the circumstances of the offence the extent to which the offender is, and in the future is likely to be able to care for animals the extent of insight the offender has into the welfare of animals. Where the offender has no or limited insight a lengthy or lifetime ban may be appropriate The court may also specify a period during which the offender may not make an application under section 43(1) for termination of the order.
Reasons	The court is required to give reasons if it decides not to make such an order.
Consequences of breach	Breach of a disqualification order is a criminal offence, maximum penalty six months’ custody or an unlimited fine. Breach of disqualification from keeping an animal.