[4B Destruction orders otherwise than on a conviction]

[4B  Destruction orders otherwise than on a conviction]

[(1)     Where a dog is seized under section 5(1) or (2) below [or in exercise of a power of seizure conferred by any other enactment] and it appears to a justice of the peace, or in Scotland a justice of the peace or sheriff—

(a)     that no person has been or is to be prosecuted for an offence under this Act or an order under section 2 above in respect of that dog (whether because the owner cannot be found or for any other reason); or

(b)     that the dog cannot be released into the custody

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