OpenLegislation

Section 26 Power of the court to order destruction of an animal.

(1)

Subject to subsection (2), where the owner of an animal is convicted of an offence of cruelty within the meaning of this Part, the court may, where it is satisfied that it would be cruel to keep the animal alive, order it to be destroyed as humanely as possible.

(2)

The court shall not make an order under subsection (1) unless the owner of the animal consents or a veterinary surgeon certifies that it would be cruel to keep the animal alive.

(3)

Any expenses reasonably incurred in destroying an animal under this section may be recovered from the owner summarily as a civil debt.

Notes on the whole Act

Textual amendments

F1

Act repealed (prosp.) by Welfare of Animals Act (Northern Ireland) 2011 (c. 16), ss. 57(2), 59, Sch. 5 (with ss. 1(2), 52(1), 53, 54) and the repeal being partly in operation, as to which see individual sections