Ms McGahey submitted that this degree of control and the care they gave by way of exercise and training was more than ample to show that Mrs McCann was a person in charge of Sky. The magistrates concluded that although Sky had the offer of a good home with the McCanns, they had no option in law but to order Sky's destruction. Fixed penalties. He argued that under the expressio unius principle (see [40] above), volunteers such as Mrs McCann are clearly excluded from being a person "in charge". Mr Ley-Morgan, on behalf of the Chief Constable, submitted that article 12 applies to all dogs that have ever been exempt, even if they are no longer exempt. The reference in the explanatory memorandum to owners and the person in charge of the dog indicates that it was anticipated that only such people would be able to apply for exemption under Part 2 of the 2015 Order, which accords with the interpretation of section 4B advanced on behalf of the Chief Constable and the Secretary of State. On the first theme, the Appellant and the Secretary of State maintain article 12 could not apply to Sky's case because it applies only to dogs which are currently exempt. The level of the compensation due is likely to be limited to the value of the dog which was destroyed and will be relatively low in the case of rescue dogs and mixed breeds. he may order the destruction of the dog and, subject to subsection (2) below, shall do so if it is one to which section 1 above applies. (b) may consider any other relevant circumstances. That will enable a finding of fact to be made as to whether Mrs McCann was the person for the time being in charge of Sky under section 4B(2)(a)(ii). As to what "for the time being" means, Ms McGahey submitted that this was another area where the legislation was unclear. Taylor vs Cadwell best illustrates this point. This was because the primary issue under consideration was whether, as the Chief Constable argued, article 12 of the 2015 Order applied. That would make little sense. There have been issues where keepers of rescue dogs have presented those dogs to practices with whom they have had no prior contact for the purposes of seeking destruction and to avoid awkward questions. By s.4(4) (applicable to a contingent order by s.4A(6)), the court may make an order to appoint a person to undertake the destruction, for the delivery up of the dog, and for ex-penses to be paid. Secondly, there is no need, even within the context of section 4B, to read the phrase narrowly in order to protect public safety: section 4B provides that the justice or sheriff can only make a CDO if satisfied that the dog would not constitute a danger to public safety. The dog may be kept at the applicant's address pending the outcome of the application for substitution so long as the requirements of article 10, other than the requirement to keep the dog at the registered person's address, are met (article 16). the breach and/or default. A contingent order means that rather than immediate destruction, as long as there are no further incidents, the dog remains alive. For example, it could be that the owner of the kennels where the dog has been housed since being seized wishes to apply (as in "Stella's case"). (f) The relationship of section 4B and article 12: We have stated that it is common ground between the parties that article 12 is exclusive in the sense that, if it applies to a dog, there is no other lawful way of transferring the keepership of that dog under the existing certificate. It concerns the correct interpretation of the statutory scheme, set out in the Dangerous Dogs Act 1991 as amended[1] ("the Act") and the Dangerous Dogs Exemption Schemes (England and Wales) Order 2015 SI 2015 No. Entry onto land to prevent or end attack by dog on another dog. Attacks on persons. It also allows for a lawful formal transfer within strictly controlled time limits. For the reason we have given, in the context of this Act, we do not consider that she is assisted by this submission. R v Kenton Hooker – This was referred back from the Criminal Cases Review Commission to the Ipswich Crown Court, who quashed the destruction order and replaced this with a contingent destruction Order. Good practice dictates that should be done and a notice served wherever an owner’s details are discoverable. She argued that "this interpretation, as well as being the most natural, also has the advantage of giving effect to the clear intention of the Crown Court". 1844.) Section 1(2) of the Act provides that it is an offence to breed, sell, exchange or make a gift of a prohibited dog; see section 1(2)(a) – (c). It addresses the practical problem of what happens when someone in control of a prohibited dog is no longer able to care for it by providing for the intended new keeper to be able immediately to take control of the dog without breaking the law, and without requiring the police to seize the dog. In such circumstances, the best stratagem is avoidance of the risk of unlawful destruction in the first place and to remember that the option to refuse to carry out euthanasia is always available. Supervening illegality: Performance of the contract becomes impossible in the manner and the time contemplated ensuing from the change in circumstance. It follows that he would not have had power to order that any named person should apply for the certificate. We now turn to that requirement. In circumstances in which no evidence was heard from the McCanns and the case stated does not contain a finding of fact as to whether Mrs McCann was a person "for the time being in charge of" Sky, we consider that the case must be remitted to the Crown Court for this matter to be considered in the light of this judgment, and for a finding of fact to be made as to whether she was. The argument is renewed before us. We observe only that we do not consider that the words used by the Sentencing Council in 2016 are relevant to the construction of section 4B of the Act which came into force over two years earlier on 13 May 2014. Article 9 imposes a mandatory obligation on the Index to issue a certificate if satisfied that the court has concluded that the person to whom the certificate is to be issued is a fit and proper person. 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