Domestic Animals Act 2000

This section applies to a dog seized under section 58 (Seizure—contravention of multiple dog licence) unless the dog is declared to be a dangerous dog after it was seized.

Section 65 deals with the release of a dog declared to be dangerous after it is seized.

The registrar must release the dog to a person claiming its release if, but only if, the registrar is satisfied—

the person claiming its release is the dog’s keeper; and

the dog is registered; and

the premises where the dog will be kept are secure enough to prevent the dog escaping; and

the keeper has any multiple dog licence needed to keep the dog; and

if the dog was seized under section 58 because of an offence against this Act—subsection (3) applies to the offence; and

the dog’s keeper has not relinquished ownership under section 69; and

any fee payable under section 144 for the release of the dog has been paid; and

the keeper is able to exercise responsible dog management, care and control in relation to the dog; and

there is not an unacceptable risk to the safety of the public or other animals from the dog being released and kept in accordance with the conditions of the keeper’s multiple dog licence.

This subsection applies to an offence if—

the holding period has ended and—

a prosecution has not been started for the offence; and

an infringement notice has not been served for the offence; or

an infringement notice has been served for the offence and the infringement notice penalty has been paid or the notice withdrawn; or

a prosecution for the offence was started before the end of the holding period and—

the prosecution has been discontinued; or

the keeper has been convicted or found guilty of the offence but is not disqualified by an order under section 138A from keeping the dog.

In this section: