I1I21Dog abduction
1
A person (A) commits the offence of dog abduction if they—
a
take a dog so as to remove it from the lawful control of any person, or
b
detain a dog so as to keep it from the lawful control of any person who is entitled to have lawful control of it,
and A and the dog are both in England or Northern Ireland at the time the dog is taken or detained.
2
The offence of dog abduction is not committed if—
a
at any time before the taking or detention of the dog—
i
the person (A) who took or detained the dog,
ii
the person (B) from whose lawful control it was taken or detained, and
iii
the dog,
all lived together in the same household,
b
A and B had been living together before the dog began to live with them,
c
A and B subsequently ceased to live together, and
d
A took or detained the dog at or after the time when A and B ceased to live together.
3
It is a defence for a person charged with the offence of dog abduction to show that the person had lawful authority or a reasonable excuse for taking or detaining the dog.
4
In relation to England, it is a defence for a person charged with the offence of dog abduction by virtue of subsection (1)(b) to show that the person—
a
believed that the dog was a stray dog,
b
took all reasonable steps to comply with section 150(1) of the Environmental Protection Act 1990 (delivery of stray dogs to owner or officer of local authority), and
c
did not detain the dog for more than 96 hours (disregarding any period during which it is kept by virtue of section 150(2)(a) of that Act).
5
In relation to Northern Ireland, it is a defence for a person charged with the offence of dog abduction by virtue of subsection (1)(b) to show that the person—
a
found the dog in accordance with Article 24(1) of the Dogs (Northern Ireland) Order 1983 (S.I. 1983/764 (N.I. 8)) (finding of unaccompanied dog),
b
gave the notice required by Article 24(2) of that Order, and
c
took all reasonable steps to comply with arrangements for the collection of the dog made under Article 24(3) of that Order.
6
a
sufficient evidence of the fact is adduced to raise an issue with respect to it, and
b
the contrary is not proved beyond reasonable doubt.
7
A person who commits the offence of dog abduction is liable—
a
on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine, or both;
b
on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 12 months, or a fine not exceeding the statutory maximum, or both;
c
on conviction on indictment, to imprisonment for a term not exceeding 5 years, or a fine, or both.
8
In this section—
a
references to a person taking a dog include the person—
i
causing or inducing the dog to accompany the person or anyone else, or
ii
causing the dog to be taken, and
b
references to a person detaining a dog include the person—
i
causing or inducing the dog to remain with the person or anyone else, or
ii
causing the dog to be detained.