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ANIMAL CARE AND PROTECTION ACT 2001 - SECT 185
Criteria for making disposal or prohibition order
185 Criteria for making disposal or prohibition order
(1) The court may make a disposal or prohibition order against a person only
if the court is satisfied, on the balance of probabilities, it is just to make
the order in the circumstances.
(2) In considering whether it is just to make
the order, the court must consider each of the following— (a) the nature of
the animal welfare offence to which the hearing relates;
(b) the effect of
the offence on any animal that was the subject of, or used to commit, the
offence;
(c) the welfare of the animal and any other animal owned by the
person;
(d) the likelihood of the person committing another animal welfare
offence;
(e) if an interim prohibition order is in effect against the
person—the person’s compliance or otherwise with the order.
(3)
Subsection (2) does not limit the matters the court may consider.
(4) The
court may make the order, to the extent it relates to an animal, whether or
not it considers another animal welfare offence is likely to be committed in
relation to the animal. Note— See also section 9 (4) (Act does not affect
other rights or remedies).
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