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Power of the court to order destruction of an animal. 27.(1) Where a person is convicted of an offence of cruelty within the meaning of this Part, the court in addition to any other punishment may, in the case of a first offence, and shall in the case of a second or subsequent offence, order that person to be disqualified for such a period as it thinks fit for having custody of any animal or any animal of a kind specified in the order. (2) Where the court has made an order under subsection (1) it may suspend the operation of the order (a)for such period as it thinks necessary for enabling arrangements to be made for the custody of any animal to which the disqualification relates; or (b)pending an appeal. (3) Subject to subsection (4), any person disqualified by virtue of an order under this section may at any time after the expiration of twelve months from the date of the order apply to the court by which the order was made to remove the disqualification, and on any such application the court may, having regard to the character of the applicant, his conduct subsequent to the order, the nature of the offence of which he was convicted and any other circumstances of the case either (a)direct that, as from such date as may be specified in the direction, the disqualification be removed or the order be varied so as to apply only to animals of a kind specified in the direction; or (b)refuse the application. (4) Where the court directs the variation of an order or refuses the application, a further application may not be made until the expiration of twelve months from the date of the direction or, as the case may be, the refusal. (5) Any person who has custody of an animal in contravention of an order made under this section shall be guilty of an offence and shall be liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding #50 or to both.
© 1972 Crown Copyright
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