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. Courts will sometimes have to decide whether a particular dog falls within one of the four types. 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. The reason why we needed the 2010 act was that the Dangerous Dogs Act 1991, which that was passed at Westminster, concentrated on the breed of dog, and not on the deed. Where a CDO is made in relation to a non-prohibited type of dog, the court may attach specific requirements to the order. © Copyright 2017 CPS. Emily’s Law, signed by Alabama Governor Kay Ivey in early March, becomes effective June 1st, 2018. Dangerous Dogs Act dogs destroyed/costs – March 2018 (R018015) Tel: 0300 020 3000. The definition does not include ‘exotic’ farm animals such as alpacas, buffalo, ostrich etc which are increasingly being kept by farmers and others. Prosecutors should remind the court of the ancillary orders available and those which are mandatory on conviction. For example, you could train your dog with. Cases involving death will inevitably be one of the most serious matters to be dealt with by prosecutors. Sansom v Chief Constable of Kent 1981 provides that it was in the nature of dogs to chase, wound and kill other small animals. However, rather confusingly, if your dog attacks an intruder in your garden this is an offence which could land you in court. 3 of 2014 which amends this Act was brought into operation on 2nd June 2014. The Dogs (Protection of Livestock) Act 1953 applies only to ‘agricultural land’ (as defined at section 3). GOV.UK is the place to find to go to their bed when they hear the doorbell. If you allow visitors to interact with your dog, make sure your dog is comfortable and can retreat to his own personal space where he won't be bothered if needed. 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. The Dangerous Dogs Act and Breed Specific Legislation are both very, very controversial topics that have caused many a debate. This Guideline applies to all offenders who are sentenced on or after 1 July 2016 regardless of the date of offence. In R v PY [2019] EWCA Crim 17 the defendant was a police constable with a police dog. Back to top Previous debate. Issues about the identification / type of dog should be identified at the first hearing. This ineffective law doesn't protect the public and sees dogs destroyed because of how they look. If you are concerned about your dog's behaviour, take a look at our guide to finding a behaviourist. 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). The court’s decision will be assisted by an abbreviated statement from the Dog Legislation Officer. Provided that the owner of the dog should not benefit from provocation of violence induced by him / her, and the full circumstances of the incident are taken into account: Was there a high level of provocation to the dog immediately before the attack? 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. That offence becomes an aggravated offence, and triable either way, if the dog injures any person or an assistance dog while out of control. 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. Prosecutors should consider an application to forfeit the dog in suitable cases. 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. 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. The Crown Prosecution Service (2) In section 3 (keeping dogs under proper control)— (a) in subsection (1)— (i) for “a public place” there is substituted “any place in England or Wales (whether or not a public place)”; (ii) after “injures any person” there is inserted “or assistance dog”; If you are concerned about your pet's behaviour, contact a behaviour expert. 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. 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. A prosecution is likely to be in the public interest where a dog dangerously out of control injures a person or an assistance dog. 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 More than one person may be ‘in charge’ of a dog at any given time: L v CPS 174 JP 209 DC. 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. Where the police / local authority has applied for a Gang Injunction, prosecutors should be alert to possible disclosure implications. What safety precautions were ordinarily in place in the home; i.e. 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. stair gate preventing the dog from getting out of / into a certain room? It cannot extend to the future.”. The facts of a breach may be brought to the court’s attention in the event of further offences under the 1991 Act or such failures may be dealt with by way of contempt proceedings which do not provide any power with regard to the dog, (section 63 Magistrates’ Courts Act 1980). Did the suspect resist the dog being put down? Animals were rescued and collected last year. 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. Those who do not comply with each requirement must face a court imposed fine for each offense. 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. The authority of R (Sandhu) v Isleworth Crown Court 176 JP 537 DC is often cited to support such an argument. Where the judge does not exercise the power to sit as a District Judge and opts for a Contingent Destruction Order, the judge should be made aware that if the defendant is convicted by the magistrates at the subsequent trial of the section 1 charge, then a Destruction Order may be made superseding the Contingent Destruction Order. Prosecutors should note that it is advisable that a DLO attends relevant court hearings and, in particular, attends the sentencing hearing. Dog attacks on assistance dogs may also be considered to be hate crime. 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. 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. (No. A dog doesn't have to bite to be deemed dangerous in the eyes of the law. 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. All Westminster Hall debates on 16 Jul 2018. The court may also consider any other relevant circumstances, (section 4(1B) of the 1991 Act). government's services and The Dangerous Dogs Act was introduced following concerns about the number of attacks of people. Only where there is a Code test failure should the case be stopped prior to trial. The Sentencing Council published a revised Definitive Guideline on Dangerous Dog Offences on 17 March 2016. In this case, the killing of two rabbits was not considered to be ‘dangerous’. ‘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. Section 7 of the 1906 Act defines ‘cattle’ as including horses, goats, mules, asses, sheep and swine. The Dangerous Dogs Act has been amended over time. 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. 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. There are currently no known outstanding effects for the Dangerous Dogs Act 1991. That matter can then be dealt with by way of a section 1 prosecution or a civil application pursuant to section 48 of the 1991 Act. 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. discuss the expert issues in the proceedings; and. 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). The Court should not add any other conditions to the nine post-release statutory requirements. Webb (Webb v Chief Constable of Avon and Somerset Constabulary (Secretary of State for Food Environment and Rural Affairs intervening) [2017] EWHC 3311 (Admin) concerned whether a Court could make a CDO under section 4B Dangerous Dogs Act 1991 effectively rehoming a prohibited dog, and which persons can put themselves forward for the ‘fit and proper’ person test. Criminal Procedure Rules Part 19 concern expert evidence. 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. Regulation 3 imposes a duty on every keeper of a dog to have their dog micro-chipped and to record information on a database. There is no specific offence of breaching a CDO. Where the police are notified of a crime involving an attack on an assistance dog, the police will identify the victim as ‘vulnerable’, in accordance with the Victims’ Code of Practice. If your dog is attacked by another dog, the incident should still be reported to the police immediately. 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. Only a person who was the ‘owner’ or ‘for the time being in charge of’ a dog of a dangerous type could apply for a certification of exemption protecting the animal from being made the subject of a destruction order. The 2015 Order also restricts when the person in charge of a prohibited dog that has been exempted can be substituted for another person. Prosecutors should record the request for the DLO to attend court on the MG3. 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 the Dangerous Dogs Act reaches its 25th anniversary, BBC News examines whether it has been effective. As a consequence of Webb, a sentencing court should still not be considering to rehome the dog with any person who has not already established sufficient contact with the animal to be considered someone who ‘for the time being is in charge of the dog’. (See Expert witnesses). PART 7 Dangerous dogs 106 Keeping dogs under proper control (1) The Dangerous Dogs Act 1991 is amended as follows. This will allow the court to make an Order to control or destroy the dog and protect the public in the event of an unsuccessful prosecution, or where the matter is discontinued and the dog still poses a risk. Sections 3(5) to (6) of the 1991 Act clarify that: Breach of an Order made under section 2 of the Dogs Act 1871 is a criminal offence under section 1(3) of the Dangerous Dogs Act 1989. This guidance assists our prosecutors when they are making decisions about cases. 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)). So it's important to ensure that your dog is kept under control at all times and in all places. The Court ruled that ‘other relevant circumstances’ at section 48(2A)(b)) could not include any ‘fit and proper person’ who was willing and eager ‘to be in charge’ in the future but had never factually been in charge. For example, evidence may be called at an injunction hearing which overlaps with evidence in the criminal proceedings. Proper control ( 1 ) of the scope of section 10 ( 3 ) are mandatory on conviction which. 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