Section 4 | Destruction And Disqualification Orders | Dangerous Dogs Act 1991 C65

4 Destruction and disqualification orders

Dangerous Dogs Act 1991 (1991 c 65) | Legislation

4 Destruction and disqualification orders

(1) Where a person is convicted of an offence under section 1 or 3(1) . . . above or of an offence under an order made under section 2 above the court—

(a) may order the destruction of any dog in respect of which the offence was committed and[, subject to subsection (1A) below,] shall do so in the case of an offence under section 1 or an aggravated offence under section 3(1) . . . above; and

(b) may order the offender to be disqualified, for such period as the court thinks fit, for having custody of a dog.

[(1A) Nothing in subsection (1)(a) above shall require the court to order the destruction of a dog if the court is satisfied—

(a) that the dog would not constitute a danger to public safety; and

(b) where the dog was born before 30th November 1991 and is subject to the prohibition in section 1(3) above, that there is a good reason why the dog has not been exempted from that prohibition.]

[(1B) For the purposes of subsection (1A)(a), when deciding whether a dog would constitute a danger to public safety, the court—

(a) must consider—

(i) the temperament