Detailed Provisions Part 3: Further provision relating to offences Section 21: Deprivation orders
166.Section 21 provides that a deprivation order may be made where a person is convicted of an offence under section 1(1) (hunting a wild mammal using a dog), 2(2) (knowingly causing or permitting another person to hunt a wild mammal using a dog for which the person is responsible), 14(1) (engaging or participating in trail hunting), 14(4) (knowingly causing or permitting another person to use a dog for which the person is responsible for trail hunting) or 22(10) (owning or keeping a dog in breach of a disqualification order). The deprivation order may be made in respect of any dog or horse used in or present at the commission of the offence.
167.Subsection (2) provides that a deprivation order is an order which deprives a person of possession or ownership of a dog or horse and orders the destruction, sale or other disposal of the animal.
168.Under subsection (3) the destruction of a dog or a horse may only be ordered if the court is satisfied on evidence by a veterinary surgeon that it would be in the interests of the animal. For example, this might be the case where the animal was in a very poor state of health. A veterinary surgeon does not necessarily require to attend the court in person but can provide evidence via alternative methods (such as video link, teleconferencing or in writing).
169.The court must also consider the need to ensure the welfare of the dog or horse before making a deprivation order other than one involving destruction. This recognises that a dog or horse used in unlawful hunting may not itself have been poorly treated and that a deprivation order may negatively affect its welfare. However, it is still open to the court to decide that other factors outweigh the welfare of the dog or horse and mean that a deprivation order should be made.
170.Under subsection (4), if the court decides not to make a deprivation order, it must state its reasons unless it makes a disqualification order under section 22.
171.Subsection (5) provides that a deprivation order may be made in addition to or instead of any other penalty for the offence.
172.Subsection (6) allows the court to make provision in respect of any dependent offspring of the dog or horse.
173.Subsections (7) and (8) make further provision as to what can be included in a deprivation order. This includes provision for appointing someone to carry out the deprivation order, requiring delivery of relevant animals, conferring powers of entry on the person appointed to carry out the order and such other provision as the court considers appropriate, including reimbursement of expenses incurred in carrying out the order or for the care of the animal if it was seized by a constable under the powers included in the schedule.
174.Subsection (9) provides that the owner of the dog or horse (who may not be the person convicted of the offence) must be given the opportunity to make representations unless this is not practicable. This will allow the owner to put forward any arguments as to why a deprivation order should not be made.