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40Forfeiture of equipment used in offences

(1)    Where a person is convicted of an offence under any of sections 4, 5, 6(1) and (2), 7 and 8, the court by or before which he is convicted may order any qualifying item which is shown to the satisfaction of the court to relate to the offence to be—

(a)    forfeited, and

(b)    destroyed or dealt with in such manner as may be specified in the order.

(2)    The reference in subsection (1) to any qualifying item is—

(a)    in the case of a conviction for an offence under section 4, to anything designed or adapted for causing suffering to an animal;

(b)    in the case of a conviction for an offence under section 5, to anything designed or adapted for carrying out a prohibited procedure on an animal;

(c)    in the case of a conviction for an offence under section 6(1) or (2), to anything designed or adapted for removing the whole or any part of a dog's tail;

(d)    in the case of a conviction for an offence under section 7, to anything designed or adapted for administering any drug or substance to an animal;

(e)    in the case of a conviction for an offence under section 8(1) or (2), to anything designed or adapted for use in connection with an animal fight;

(f)    in the case of a conviction for an offence under section 8(3), to a video recording of an animal fight, including anything on or in which the recording is kept.

(3)    The court shall not order anything to be forfeited under subsection (1) if a person claiming to be the owner of it or otherwise interested in it applies to be heard by the court, unless he has been given an opportunity to show cause why the order should not be made.

(4)    An expression used in any of paragraphs (a) to (f) of subsection (2) has the same meaning as in the provision referred to in that paragraph.

NOTES
Initial Commencement
To be appointed

To be appointed: see s 68(3).

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