20Return of animal or conveyance

20 Return of animal or conveyance

(1)  If an officer has taken possession of, and detained, an animal or conveyance under section 17 or 18 , the officer may return the animal or conveyance to its owner or to the person from whose possession it was taken if –

(a) the officer is satisfied that no purpose will be served by retaining possession of the animal or conveyance; and

(b) in the case of an animal, the officer is satisfied that if the animal is returned it will not be exposed to unreasonable or unjustifiable pain or suffering.

(2)  An officer may return an animal or conveyance whether or not a person has been charged with an offence under this Act.

(3)  If an officer has taken possession of, and detained, an animal or conveyance under section 17 or 18 , the officer must return it to its owner or to the person from whose possession it was taken if –

(a) a period of 6 months has elapsed since the officer took possession of the animal or conveyance and no person has been charged with an offence under this Act in respect of that animal; or

(b) a person has been tried for an offence under this Act in respect of the animal and the court before which that person was tried made no order in respect of the possession, sale or other disposal of the animal or conveyance.

(4)  An officer may apply to a magistrate for a direction that an animal should not be returned to its owner or to the person from whose possession it was taken.

(5)  On an application under subsection (4) , the magistrate may –

(a) direct that the animal be sold or otherwise disposed of and any proceeds of the sale be distributed in accordance with section 46 ; or

(b) refuse the application.

(6)  A magistrate must not make a direction under subsection (5) (a) unless the magistrate is satisfied that it is in the best interests of the animal to do so.