Exhibited Animals Act 2015
sec.235Procedure and power for making disposal or prohibition order
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sec.235 Procedure and power for making disposal or prohibition order
A disposal order or prohibition order may be made only— on the court’s initiative; or on an application by the prosecution, which may be made at any time. The court must not make an order under section 233 (2) unless the owner under that section has been given an opportunity to be heard about whether the order should be made. In deciding whether to make a disposal order or prohibition order, the court— may require notice to be given to anyone the court considers appropriate, including, for example, the animal’s owner if the person against whom the order is sought is not the owner; and must not refuse to hear a person to whom a notice under paragraph (a) is given. The court may make a disposal order and a prohibition order against the same person in relation to the same offence. (sec.235-ssec.1) A disposal order or prohibition order may be made only— on the court’s initiative; or on an application by the prosecution, which may be made at any time. (sec.235-ssec.2) The court must not make an order under section 233 (2) unless the owner under that section has been given an opportunity to be heard about whether the order should be made. (sec.235-ssec.3) In deciding whether to make a disposal order or prohibition order, the court— may require notice to be given to anyone the court considers appropriate, including, for example, the animal’s owner if the person against whom the order is sought is not the owner; and must not refuse to hear a person to whom a notice under paragraph (a) is given. (sec.235-ssec.4) The court may make a disposal order and a prohibition order against the same person in relation to the same offence.
- (a) on the court’s initiative; or
- (b) on an application by the prosecution, which may be made at any time.
- (a) may require notice to be given to anyone the court considers appropriate, including, for example, the animal’s owner if the person against whom the order is sought is not the owner; and
- (b) must not refuse to hear a person to whom a notice under paragraph (a) is given.