Changes to Legislation. Dangerous Dogs Act: Staffordshire Bull Terriers — [Mr Charles Walker in the Chair] – in Westminster Hall at 4:30 pm on 16th July 2018. In such cases, the police should be requested to provide a victim personal statement. Under the dangerous dogs act 1991 four breeds of dog are illegal to own, breed from, abandon or sell. Prosecutors should apply for compensation for the police for the kennelling costs (section 4(4)(b) and section 4A(6) of the 1991 Act). The court should be requested to expedite the case in order to minimise the kennelling costs. A dog doesn't have to bite to be deemed dangerous in the eyes of the law. 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. This information must be kept up-to-date in order for a dog to be considered to be properly micro-chipped at all times. 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). Proceedings for a civil complaint under section 2 of the Dogs Act 1871 must be issued within six months. Ensure your dog responds to basic commands so that you can keep them under reasonable control when in public places and in your home. Under section 1(3) of the 1991 Act it is an offence to be in possession of any of the following four types of dog unless they have been exempted pursuant to a Contingent Destruction Order made by the Court and registered on the Index of Exempted Dogs (managed by DEFRA), and the conditions of exemption are complied with: The word ‘type’ in relation to dogs has a broader meaning than ‘breed’. The relevant question was whether the dog was being ‘used for a lawful purpose by a constable’. 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? 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. costs are not available from central funds and the applicant risks costs being awarded against him in the event of failure. There may, however, be recourse under the Dogs Act 1871 or under the 1991 Act. As a general principle, lower levels of culpability and risk would be unlikely to lead to a prosecution, whereas higher level of blameworthiness and danger to the public would be more likely to lead to a prosecution. You know your dog better than anyone else. A prosecution is likely to be in the public interest where a dog dangerously out of control injures a person or an assistance dog. ‘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. If your dog reacts to the doorbell it is sensible to introduce a routine for managing them when it rings. 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. Part 19 applies where a party wants to introduce expert opinion evidence. Views of the family (where this is not the suspect), although care must be taken not to put too much weight on this factor, The role of the dog – if the animal was a trophy dog or status symbol there would be a greater Public Interest in prosecuting. This Guideline applies to all offenders who are sentenced on or after 1 July 2016 regardless of the date of offence. The Court held that the key to the scope of the exemption lay in the concept of ‘being used’. For example, evidence may be called at an injunction hearing which overlaps with evidence in the criminal proceedings. FULL STATEMENT:…. Help and advice about how dogs and children can enjoy living together. Prosecutors should remind the court of the costs incurred by kennelling the dog. Did the suspect resist the dog being put down? Section 3(1) of the 1991 Act creates a strict liability offence. The 2015 Order also restricts when the person in charge of a prohibited dog that has been exempted can be substituted for another person. Section 3 of the Dogs (Protection of Livestock) Act 1953 defines ‘livestock’ as being cattle, sheep, goats, swine, horses or poultry. Under the 2015 Order the substitution of a person in charge of an exempted dog is only permitted if the owner or person dies or is seriously ill. A failure to comply with the procedure set out in the 2015 Order may result in an offence being committed as the prohibited dog will not be exempt. Prosecutors should consider an application to forfeit the dog in suitable cases. 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. government's services and (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”; All Westminster Hall debates on 16 Jul 2018. All rights reserved. discuss the expert issues in the proceedings; and. There is no power to make a control or destruction order. (No. Owning one of these banned breeds or cross breed dogs that is not on the index of exempted dogs is considered to be illegal. This ineffective law doesn't protect the public and sees dogs destroyed because of how they look. If it was, the incident fell out of the scope of section 3 by virtue of section 10(3). 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. 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. 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. © Copyright 2017 CPS. Prosecutors should remind the court of the ancillary orders available and those which are mandatory on conviction. 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. 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. 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. The Dogs (Protection of Livestock) Act 1953 applies only to ‘agricultural land’ (as defined at section 3). 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. Where the defence seek an adjournment to rehome the dog, it may be appropriate for the prosecutor to request the defence to put forward names of persons who have the necessary level of contact at the earliest opportunity, whether or not those persons at the time of the adjournment have agreed to take the animal. DEFRA Legal Advisers have developed two documents for prosecutors. The Dangerous Dogs Act was introduced following concerns about the number of attacks of people. This exemption does not apply to dog attacks on trespassers in gardens, driveways or outbuildings. 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. Act No. information online. © RSPCA 2021. The RSPCA helps animals in England and Wales. 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. 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. The offence under section 3(1) is an offence of strict liability. A court could properly conclude that a dog was ‘of the type known as the pit bull terrier’ within the meaning of section 1 of the Dangerous Dogs Act 1991, so as to make it an offence to allow it to be in a public place without being muzzled, so long as its characteristics substantially conformed to the standard set for the breed by the American Dog Breeder’s Association (ABDA), even though it did not meet that standard in every respect, (R v Crown Court at Knightsbridge ex parte Dunne; Brock v Director of Public Prosecutions [1993] 4 All ER 491). Dangerous Dogs Act dogs destroyed/costs – March 2018 (R018015) Tel: 0300 020 3000. The consent is a pre-requisite to any prosecution. 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. Controlling dangerous dogs 7 7. Prosecutors should be mindful of this case when considering cases involving dog attacks on animals smaller than itself. There is no specific offence of breaching a CDO. 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. The 2014 Act also increased the maximum penalties for aggravated offences under section 3 to 14 years’ imprisonment where the death of a person is involved, 5 years’ imprisonment where a person is injured and 3 years’ imprisonment for an aggravated attack on an assistance dog. 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. 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. 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. 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. GOV.UK is the place to find Some dogs (prior to March 2015) are also tattooed with the unique number allocated by the Index of Exempted Dogs. PETA’s reasoning for this is that … 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. 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. Was the dog responding to a high level of danger to the owner or family member? Section 7 of the 1906 Act defines ‘cattle’ as including horses, goats, mules, asses, sheep and swine. 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. 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. 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. For example, you could train your dog with reward based methods to go to their bed when they hear the doorbell.Postal workers, utility providers and other authorised visitors to your property should be able to carry out their work without encountering and feeling threatened by your dog. Under the Act, it's illegal for a dog to be 'out of control' or to bite or attack someone. what you think by taking our short survey, RT @MaxHillQC: This was truly a horrific case. '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). Microchip identification. So it's important to ensure that your dog is kept under control at all times and in all places. By Laura Roberts 24 December 2010 • 16:39 pm . That offence becomes an aggravated offence, and triable either way, if the dog injures any person or an assistance dog while out of control. He faced one count of being in charge of a dog which was dangerously out of control. Taking part in classes will not only help you keep your dog under control but will strengthen your relationship. This is particularly important in the case of visiting children as children's body language can be confusing to dogs. 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. All dogs that fall under the specially controlled dog’s category are considered to be dangerous dogs unless they are added to the index of exempted dogs by a court within the United Kingdom court system. Take a look at our advice on finding a suitable dog trainer. 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, … As a result, if a dog injures a person, it may be seized by the police. 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. 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. In relation to a prohibited type dog when considering the ‘danger to public safety’ test the court is limited to only considering the owner of the dog or other person factually in charge of the dog at the time the Court is considering the issue because it is an offence to gift to anyone else or expose as a gift a prohibited dog. It is an offence if your dog attacks an assistance dog but attacks on other animals including pet dogs are not. The Court should not add any other conditions to the nine post-release statutory requirements. 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