sec.185Criteria for making disposal or prohibition order

sec.185 Criteria for making disposal or prohibition order

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. In considering whether it is just to make the order, the court must consider each of the following— the nature of the animal welfare offence to which the hearing relates; the effect of the offence on any animal that was the subject of, or used to commit, the offence; the welfare of the animal and any other animal owned by the person; the likelihood of the person committing another animal welfare offence; if an interim prohibition order is in effect against the person—the person’s compliance or otherwise with the order. Subsection (2) does not limit the matters the court may consider. 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. See also section 9 (4) (Act does not affect other rights or remedies). s 185 amd 2014 No. 39 s 13 (sec.185-ssec.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. (sec.185-ssec.2) In considering whether it is just to make the order, the court must consider each of the following— the nature of the animal welfare offence to which the hearing relates; the effect of the offence on any animal that was the subject of, or used to commit, the offence; the welfare of the animal and any other animal owned by the person; the likelihood of the person committing another animal welfare offence; if an interim prohibition order is in effect against the person—the person’s compliance or otherwise with the order. (sec.185-ssec.3) Subsection (2) does not limit the matters the court may consider. (sec.185-ssec.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. See also section 9 (4) (Act does not affect other rights or remedies).

• (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.