As a result, if a dog injures a person, it may be seized by the police. If the dog is not exempted within the specified period and no application to extend the period has been made, the dog should be destroyed. Help and advice about how dogs and children can enjoy living together. The DLO will be able to provide immediate information about the prohibited type of dog and, if provided with the defence report in advance of the hearing, is likely to be able to prepare a critique. 3 of 2014 which amends this Act was brought into operation on 2nd June 2014. Under the Act, it's illegal for a dog to be 'out of control' or to bite or attack someone. A guard dog may not be used or permitted to be used unless a notice warning of the dog’s presence is clearly exhibited at each entrance to the premises, (sections 1 and 5 of the Guard Dogs Act 1975). High profile coverage by the media of these attacks and increasing public concern led to the issue of aggressive and badly controlled dogs being highlighted, … So it's important to ensure that your dog is kept … The DLO should be given sufficient advance notice of the court hearing date. Under this section, it is a criminal offence for the person in charge of the dog to allow it to be ‘dangerously out of control’ in a public place. Under section 3(1A) of the 1991 Act a person is not guilty of an offence where the dog is dangerously out of control with respect to a trespasser who is in, or entering, their home, whether the owner is present or not. How does the Dangerous Dogs Act affect me? Act No. The defence may try to suggest to the Court that a prohibited type dog can be re-homed with someone other than the owner of the dog or a person factually in charge of it where that person would not otherwise be assessed as a ‘fit and proper’ person to be charge of the dog. Only where there is a Code test failure should the case be stopped prior to trial. This guidance assists our prosecutors when they are making decisions about cases. All rights reserved. an Order may only be made against a dog’s owner, not its temporary keeper; section 9 of the Criminal Justice Act 1967 cannot be used to present evidence at trial, however as it is a civil application, hearsay evidence is admissible and the Magistrates’ Courts (Hearsay Evidence in Civil Proceedings) Rules 1999 apply; breach of an Order made under the section is an offence in itself, in contrast with breach of a Contingent Destruction Order made under the 1991 Act (see below); proceedings must be issued within six months and cannot be discontinued; and. The level of culpability of the offender: For instance, did the suspect leave a previously well behaved dog with a child for less than a minute? Where the defence challenge the identification / type of dog, the court may direct the experts to serve a statement on what they agree and what they do not agree (Criminal Procedure Rule 19.6 refers). Under the dangerous dogs act 1991 four breeds of dog are illegal to own, breed from, abandon or sell. important in the case of visiting children, Makes someone worried that it might injure them. (See Expert witnesses). You know your dog better than anyone else. The Dangerous Dogs Act became law in the UK as a response to a growing number of incidents involving serious injury and even death as a result of attacks by dogs, often involving children. The dangerousness alleged can be towards people or animals, and applies whether the dog is in a private or public place. In 2014 the law was amended to include incidents on private property - so inside your home and others' homes, including front and back gardens. The defence should only succeed where there is evidence that the owner had for the time being divested himself or responsibility in favour of an identifiable person: R v Huddart [1999] 2 Archbold News 1, CA. Penalties. to go to their bed when they hear the doorbell. ‘Dangerous’ should be given its ordinary everyday meaning. Public interest factors to consider include: The following points should be considered as mitigation rather than PI factors suggesting against prosecution: Prosecutors are reminded that each individual case must be considered on its own particular set of facts and its own merits. For example, children tend to want to make very close facial contact with dogs which they may find threatening. Does the suspect have previous convictions for dog related offences? The prosecutor must be able to assist the court to reach the correct sentence by providing details of the offence (including the Victim Personal Statement), relevant authorities, and drawing attention to the Sentencing Council Guidelines. The Dogs Act 1906 amended the Dogs Act 1871 in that it defines a dog as ‘dangerous’ where it injures cattle or poultry or chases sheep (section 1(4)). Prosecutors should be aware that the purpose of a CDO is to allow a person to keep their dog where it is deemed not to constitute a danger to public safety; the purpose is not to allow an ‘innocent’ prohibited dog to live. All rights reserved. The court should be requested to expedite the case in order to minimise the kennelling costs. make a Contingent Destruction Order seemingly transferring the dog to another person who is not the owner or factually in charge of the prohibited dog (it is illegal to give a prohibited dog away); or. Whether a dog was being used for a policing activity by a constable was a question of fact. Taking part in classes will not only help you keep your dog under control but will strengthen your relationship. Under the Act, it's illegal for a dog to be 'out of control' or to bite or attack someone. Your dog is considered dangerously out of control if it: The law does provides a defence if your dog attacks an intruder in your own home. If a dog is factually deemed to be acting in a way that could be termed ‘dangerously out of control’, for example attacking livestock, a prosecution may still be brought. However, in relation to less serious offences where non-prohibited dogs are dangerously out of control, the court may make a destruction order or a CDO or make no order in respect of the dog. Have there been any pre-cursor incidents, such as unreported attacks within the household by the dog on family members or on other animals? PART 7 Dangerous dogs 106 Keeping dogs under proper control (1) The Dangerous Dogs Act 1991 is amended as follows. Where there is no guilty plea to the section 1 (summary) offence but the section 3 of the 1991 Act (either way) offence is dealt with at the Crown Court, the section 1 offence should be remitted to the magistrates’ court. ‘Transfer of ‘keepership’ of prohibited typed dogs’ (September 2016) sets out DEFRA’s interpretation of the legislation about this matter, and identifies considerations for the court. In a case which involves a dog dangerously out of control, a choice lies between an application by way of a civil complaint under the Dogs Act 1871 for an Order for the control or destruction of a dog, and a criminal prosecution under the Dangerous Dogs Act 1991. There would be grounds for reasonable apprehension that the dog would go on to injure another person. An injury to an assistance dog may result in the victim being without their ‘lifeline’. The Act does not apply to private gardens, parks etc. In this case, the killing of two rabbits was not considered to be ‘dangerous’. So it's important to ensure that your dog is kept under control at all times and in all places. The Guideline was revised following changes to the Dangerous Dogs legislation made by the 2014 Act, which extended the law to cover attacks that occur on private property and introduced a new offence to cover attacks on assistance dogs. Scotland and Northern Ireland have some self-government and their Dangerous Dog laws differ slightly than those in England and Wales, but they are all common in that certain breeds are singled out.. Scotland is governed by Control of Dogs (Scotland) Act 2010. Do they own other dogs? You should also ensure that your garden is secure with locked gates. This is particularly important in the case of visiting children as children's body language can be confusing to dogs. The 2014 Act increased the maximum penalties for aggravated offences under section 3 of the 1991 Act to14 years’ imprisonment where the death of a person is involved. The level of on-going risk / danger to the public: For example, is there evidence to suggest that the suspect may present a continuing danger to public safety because they are in possession of dogs of a similar type in a confined environment? It is an offence, punishable on summary conviction by a fine not exceeding level 4 on the standard scale, to fail to comply with a notice served under Regulation 7. It is regularly updated to reflect changes in law and practice. That offence becomes an aggravated offence, and triable either way, if the dog injures any person or an assistance dog while out of control. Additional restrictions and harsher fines are on the way for Alabama residents who own dangerous dogs. You can be fined if your dog is out of control in public - find out about Dog Control Orders, banned dogs, dog fouling and reporting a dangerous dog The legislation also makes it an offence if a person is worried or afraid (the term is 'reasonable apprehension') that a dog may bite them. Table of Contents [ show] The Dangerous Dogs Act has been amended over time. It is a summary offence for a person to use, or permit the use of, a guard dog to protect any premises unless a handler capable of controlling the dog is also present and the dog is under his control, or unless the dog is secured so that it is not at liberty to go freely about the premises. It is not sufficient to provide a total cost. It: ‘(a) may specify the measures to be taken for keeping the dog under proper control, whether by muzzling, keeping it on a lead, excluding it from specified places or otherwise; (b) if it appears to the court that the dog is a male and would be less dangerous if neutered, may require it to be neutered’, (section 4A(5) of the 1991 Act). If the prosecution alleges that the dog which is the object of such proceedings is one of the four types, section 5(5) of the 1991 Act places the burden of proof on the defendant to show that the dog is not of such. The Guideline covers the following offences: The Guideline sets out that in all cases the court must consider whether to make a compensation order and / or other ancillary orders, which include Destruction Orders, Contingent Destruction Orders and Orders (sections 4(1)(a), (1A) and 4A of the 1991 Act) and Orders disqualifying the defendant from having custody of a dog for a prescribed period, (section 4(1)(b) of the 1991 Act). To declare the dog dangerous the court shall find by reasonable satisfaction that the dog bit, attacked, or caused physical injury, serious physical injury, or death to a … As of May 2018, there were 3,530 prohibited dogs on the Index: • 3,514 pit bull terrier types • 3 Japanese Tosas • 13 Dogo Argentinos • 0 Fila Brazilieros.14 8. This information can also be viewed on the Dangerous dogs fact sheet (PDF - 450.7 KB) . So here's what you need to know about the Act: Since 1991 it has been illegal for dogs to be 'out of control in a public place'. Where the dog is used in the commission of any offence, it is subject to forfeiture by the courts under section 143 of the Powers of Criminal Courts (Sentencing) Act 2000. It will be necessary to provide a breakdown in the form of a costs schedule with itemised costs. This has angered DDA campaigners as it flies in the face of ‘Deed not Breed’. Gang members often breed dangerous dog to facilitate drug deals and debt collection, as well as enhance the gang’s image. You know your dog better than anyone else. In respect of each of the four types of dog (whether exempted from the prohibition on possession or not) section 1(2) makes it a summary offence to: There is no statutory definition of ‘expose for sale’ or ‘expose as a gift’. There are currently no known outstanding effects for the Dangerous Dogs Act 1991. The words take on their ordinary meaning and, in the context of the 1991 Act, mean to make a prohibited dog available for sale or as a gift. The Court held that the key to the scope of the exemption lay in the concept of ‘being used’. The Crown Prosecution Service In R v PY [2019] EWCA Crim 17 the defendant was a police constable with a police dog. what you think by taking our short survey, RT @MaxHillQC: This was truly a horrific case. The offence under section 3(1) is an offence of strict liability. © Copyright 2017 CPS. Note on Repeals Section 29 of this Act which came into operation on the 31st day of March 2015, repealed sections 15, 16 and 17 of the Dogs Act (Chap. Ensure your dog responds to basic commands so that you can keep them under reasonable control when in public places and in your home. The Sentencing Council published a revised Definitive Guideline on Dangerous Dog Offences on 17 March 2016. The judge sentencing for the section 3 (either way) offence should be reminded that there is a section 1 offence to be remitted to the magistrates’ court, and that the judge does have the option to sit as a District Judge under section 66 Courts Act 2003. Where the police / local authority has applied for a Gang Injunction, prosecutors should be alert to possible disclosure implications. Prosecutors should remind the court of the costs incurred by kennelling the dog. What safety precautions were ordinarily in place in the home; i.e. Section 3 of the Act applies to every single dog owner in England and Wales. prepare a statement for the court of the matters on which they agree and disagree, giving their reasons. costs are not available from central funds and the applicant risks costs being awarded against him in the event of failure. Paragraph 89 makes clear that “the concept involves contact in the past or present. Prosecutors should note, however, that civil proceedings under the 1871 Act can be brought in tandem with the criminal proceedings to apply for a control order on conviction. Search Go! Courts will sometimes have to decide whether a particular dog falls within one of the four types. Prosecutors should ask the police whether they or a local authority have applied for a Gang Injunction to prohibit the individual from being in charge of a particular type of dog or from being in a particular place with a particular dog. The RSPCA helps animals in England and Wales. This means that the CPS may be ordered to pay the respondent’s costs where the police have brought a complaint which is subsequently not proved. There is no power in the 1953 Act for any penalty other than a financial one (section 1(6) refers). This is not only to reduce the likelihood of your dog escaping, but to prevent trespassers who could cause an incident in which you would be liable. The DLO will also be able to answer any questions the court may have about the dog, as well as make arrangements to release the dog from kennels should the relevant charge be discontinued. Part 19 applies where a party wants to introduce expert opinion evidence. The emotional impact / significant personal loss / life-long consequences suffered by the suspect due to losing a loved one and being responsible for that loss. This Guideline applies to all offenders who are sentenced on or after 1 July 2016 regardless of the date of offence. Help us to improve our website; let us know It is an offence, punishable on summary conviction by a fine not exceeding level 2 on the standard scale to-. Criminal Procedure Rules Part 19 concern expert evidence. You can get an unlimited fine or be sent to prison for up to 6 months (or both) if your dog is dangerously out of control. sell or exchange such a dog, or advertise or expose for such a purpose; give away such a dog as a gift, or advertise or expose for such a purpose; allow such a dog to be in a public place without being muzzled and placed on a lead; abandon such a dog, or allow it to stray. Sansom v Chief Constable of Kent 1981 provides that it was in the nature of dogs to chase, wound and kill other small animals. Section 2 of the Dogs (Protection of Livestock) Act 1953 provides that it is necessary to have the consent of the Chief Officer of police for the police area in which the land is situated, or the occupier of the land, or the owner of any of the livestock in question. An offence is committed by the owner or person in charge of a dog if it worries livestock on any agricultural land, (section 1 Dogs (Protection of Livestock) Act 1953). Owning one of these banned breeds or cross breed dogs that is not on the index of exempted dogs is considered to be illegal. In 2014, sentencing guidelines in England and Wales were changed to raise the maximum jail sentence for a fatal dog attack … Companion Animals Act 1998 Published LW 17 August 2018 (2018 No 441) His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Companion Animals Act 1998. Since the introduction of the 1991 Act, the law has been amended to allow lawful possession if a Court applying the statutory test determines that the prohibited dog does not constitute a danger to public safety. These Regulations provide for the compulsory micro-chipping of dogs and the recording of each dog’s identity and its keeper’s contact details on a database. Under section 3(1) of the 1991 Act (as amended by the Anti-Social Behaviour, Crime and Policing Act 2014, (the ‘2014 Act’)), if any dog is dangerously out of control in any place, including all private property, the owner, or person for the time being in charge of the dog, is guilty of a summary offence. Where a section 1 of the 1991 Act (summary) offence has been sent to the Crown Court for trial as a ‘related offence’, it should be added to the schedule under section 41 Criminal Justice Act 1988. A dog doesn't have to bite to be deemed dangerous in the eyes of the law. If the defence serve rebuttal evidence that the dog is not a prohibited type, then the prosecutor should instruct an expert witness who should be asked to examine the dog and prepare a report dealing with both appearance and behaviour. The Dangerous Dog Act in Australia demands that all restricted dog breeds, declared dangerous dogs and commercial security dogs must comply with the requirements mentioned below. This exemption does not apply to dog attacks on trespassers in gardens, driveways or outbuildings. A dog shall be regarded as dangerously out of control on any occasion on which there are grounds for reasonable apprehension that it will injure any person or assistance dog, whether or not it actually does so, (section 10(3) Dangerous Dogs Act 1991). dog dangerously out of control in any place where death is caused; dog dangerously out of control in any place where a person is injured; dog dangerously out of control in any place where an assistance dog is injured or killed; dog dangerously out of control in any place; possession of a prohibited dog, breeding, selling, exchanging or advertising a prohibited dog. Animals were rescued and collected last year. It must also be borne in mind that a prohibited dog cannot be gifted to another person and a Court ordering someone else to take charge of the dog for the remainder of the dog’s life is exposing that prohibited dog as a de facto gift. Was the dog responding to a high level of danger to the owner or family member? Section 2 requires that the owner of the dog is brought before a magistrates’ court on a complaint. The police may make an application to the magistrates’ courts by way of a complaint under section 2 of the Dogs Act 1871 (‘section 2’) for the control or destruction of a dog considered to be dangerous. Section 10(3) of the Act provides an exemption in any case in which the dog is being used for a lawful purpose by a constable or a person in the service of the Crown. There is a statutory presumption for the destruction of a dog following a conviction for a section 1 or an aggravated section 3 offence unless the Court is satisfied the dog does not constitute a danger to public safety. Prosecutors should remind the court to consider disqualifying the defendant from having custody of a dog for a period of time and should remind the court that a Destruction Order in relation to the dog must be considered. Prosecutors should consider an application to forfeit the dog in suitable cases. The consent is a pre-requisite to any prosecution. The prosecution is nonetheless required to prove that an act or omission by the defendant, with or without fault, to more than a minimal degree, caused or permitted the dog to be dangerously out of control; Parliament did not intend to render the dog owner absolutely liable in all circumstances for the dog being dangerously out of control, or to create an offence without regard to the ability of the owner, or someone to whom he had entrusted responsibility, to take and keep control of the animal; there must be some causal connection between having control of the dog and the prohibited state of affairs that has arisen (see R v Robinson-Pierre [2014] 1 Cr App R 22, DA). Proceedings for a civil complaint under section 2 of the Dogs Act 1871 must be issued within six months. Controlling dangerous dogs 7 7. My thoughts are with victims, their families and friends. Emily’s Law, signed by Alabama Governor Kay Ivey in early March, becomes effective June 1st, 2018. Take a look at our advice on finding a suitable dog trainer. The Court should not add any other conditions to the nine post-release statutory requirements. If you are concerned about your dog's behaviour, take a look at our guide to finding a behaviourist. DEFRA Legal Advisers have developed two documents for prosecutors. Prosecutors should note that section 2 proceedings are against the owner of the dog as opposed to someone in charge of the dog at the time of the incident. 102 Petty France, Prosecutors should note that it is advisable that a DLO attends relevant court hearings and, in particular, attends the sentencing hearing. fail to comply with a notice served under regulation 9(2); fail to report an adverse reaction or the failure of a microchip in accordance with regulation 10(1); fail to comply with a notice served under regulation 12(a); obstruct an authorised person exercising a power under regulation 12(b) or 12(c). It was also determined that the injury caused by a dog is in itself capable of being conduct that would give grounds for reasonable apprehension of injury. A dog can be ‘dangerous’ to other animals as well as to humans. Dangerous Dogs Act: Staffordshire Bull Terriers — [Mr Charles Walker in the Chair] – in Westminster Hall at 4:30 pm on 16th July 2018. Breed Specific Legislation was introduced 26 years ago as part of the Dangerous Dogs Act 1991 to restrict the ownership of certain types of dogs deemed to be dangerous to people. A dog owner shall not be convicted of an offence under section 1 of the Dogs (Protection of Livestock) Act if he / she proves that someone they reasonably believed to be fit and proper was in charge of the dog when it worried the livestock. In order for the dog to be exempted, three ‘pre-release’ conditions (dog to be neutered; micro-chipped; and covered by third-party insurance) must be complied with and nine continuing requirements must be met. We've long campaigned for a complete overhaul of the Dangerous Dogs Act - moving away from breed-specific legislation that bans types or breeds of dogs, towards a more preventive approach. A definition of ‘poultry’ is provided by section 3 of the Dogs (Protection of Livestock) Act 1953. However, a court could prosecute if a person believes they would have been injured if they tried to stop a dog attacking their animal. If it was, the incident fell out of the scope of section 3 by virtue of section 10(3). Microchip identification. In such a case the Court must make a Contingent Destruction Order (‘CDO’) in relation to a prohibited type dog (see section 4(1)(a),(1A) and section 4A of the 1991 Act. Did the suspect resist the dog being put down? A prosecution may not be required where there has been minimal risk to public safety. More than one person may be ‘in charge’ of a dog at any given time: L v CPS 174 JP 209 DC. This is not an exhaustive definition and the ordinary meaning of the words should still be applied. 'Section 1 dogs and other dogs – a note on the law' provides helpful information to remind prosecutors to ensure that when a criminal court is sentencing in relation to a prohibited dog the court does not: The first point, above, is reflected in the Sentencing Council’s Definitive Guideline on Dangerous Dog Offences (see the Note to Step Six at page 32). If you are concerned about your pet's behaviour, contact a behaviour expert. The dog itself is likely to have been destroyed but there is always a risk that the suspect may offend again and the need for ancillary orders prohibiting the keeping of dogs in future is an important consideration. The Dangerous Dogs Act 1991 did two main things: It made it a criminal offence for the owner and/or the person in charge of the dog to allow a dog to be 'dangerously out of control' in a public place or be in a place where it is not permitted to be. The prosecution is, however, required to prove that an act or omission of the defendant, with or without fault, to more than a minimal degree, caused or permitted the dog to be dangerously out of control. Commons: 16 July 2018; Westminster Hall; Dangerous Dogs Act: Staffordshire Bull Terriers; Dangerous Dogs Act: Staffordshire Bull Terriers Volume 645: debated on Monday 16 July 2018 Jul 16 2018 Download text. An offence is not committed if at the time of worrying, the livestock were trespassing, and the dog belonged to the owner, or was in the charge of the occupier or a person authorised by the owner, of the land on which the livestock were trespassing, and the person in charge of the dog did not cause the dog to attack the livestock. (See Case Management: Dog Legislation Officer). The definition does not include ‘exotic’ farm animals such as alpacas, buffalo, ostrich etc which are increasingly being kept by farmers and others. For example, evidence may be called at an injunction hearing which overlaps with evidence in the criminal proceedings. At the hearing, the county attorney, municipal attorney, or municipal prosecutor shall present evidence that the dog is dangerous. By Laura Roberts 24 December 2010 • 16:39 pm . Section 1 of the Dangerous Dogs Act 1991 prohibits 4 types of dog namely: the Pit Bull Terrier, the Japanese Tosa, the Fila Braziliero and the Dogo Argentino. This information must be kept up-to-date in order for a dog to be considered to be properly micro-chipped at all times. If your dog reacts to the doorbell it is sensible to introduce a routine for managing them when it rings. Where a prosecution is being pursued, consideration should be given to applying for a section 2 Order under the Dogs Act 1871 and staying it pending the outcome of the criminal proceedings. Regulation 10 provides for reporting of adverse reactions to, and migration of, microchips and reporting of microchip failures. Prosecutors should record the request for the DLO to attend court on the MG3. The CPS Areas, CPS Direct, Central Casework Divisions and Proceeds of Crime, Civil complaint - Dogs Act 1871 (for non-prohibited type dogs only), Criminal prosecution - Dangerous Dogs Act 1991, Dogs dangerously out of control (all dogs), Defence: section 3(1) Dangerous Dogs Act 1991, Micro-chipping of Dogs (England) Regulations 2015 / 108, Code for Crown Prosecutors - considerations, Challenges about the identification / type of dog, Remittal of summary cases from the Crown Court to the magistrates’ court, Definitive Guideline on Dangerous Dog Offences, Section 1 dogs and other dogs – a note on the law, Sentencing Council’s Definitive Guideline on Dangerous Dog Offences, Transfer of ‘keepership’ of prohibited typed dogs, Reading Park killer given whole life sentence, Teenager convicted of murdering a schoolboy he was having a relationship with, Cardiff men jailed for “gangland-style” attack, Five guilty of Milton Keynes birthday party murders, Father given life imprisonment for murdering wife and daughter, Three teenagers found guilty after youth shot near retail park, UPDATED: Four sentenced for murder, kidnap, robbery and possession of a firearm and ammunition, Killer convicted of anniversary revenge murder in Southwark park, Householders and the use of force against intruders, Offensive Weapons, Knives, Bladed and Pointed Articles, Offences against the Person, incorporating the Charging Standard. 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Assistance dogs may also be considered to be 'out of control an abbreviated statement from dog... Own Dangerous dogs Act has been minimal risk to public safety each requirement face. The dogs Act 1991 does n't have to bite or attack someone should! By kennelling the dog Legislation Officer a magistrates ’ court on the index of exempted dogs is considered to in. ) is an offence which could land you in court some dogs ( Protection Livestock. ’ to other animals including pet dogs are not the prosecution expert witness, they will identify an expert.! So that you can keep them under reasonable control when in public places in. Are not available from central funds and the applicant risks costs being awarded against in... Dog dangerously out of / into a certain room breed from, abandon or sell be crime...
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