Other Criminal Offences
Other Criminal Offences
Facing Allegations Involving Your Dog?
At MC Solicitors, we understand that facing allegations regarding your dog being dangerously out of control can be an incredibly stressful and emotional time — especially when your dog is part of your family.
The law applies to all dogs regardless of breed. Owners are responsible for ensuring their dogs are properly controlled to prevent any risk of harm. Failure to do this can lead to severe consequences including fines, imprisonment, and in the most serious cases, dogs being destroyed.
Our criminal defence solicitors provide expert advice and robust representation to protect both you and your dog through every stage of the legal process.
Dangerous Dogs Not Under Control
Offences
If a dog is dangerously out of control in any place in England or Wales (whether or not a public place)
(a) the owner; and
(b) if different, the person for the time being in charge of the dog,
is guilty of an offence, or, if the dog while so out of control injures any person or assistance dog, an aggravated offence, under this subsection.
Dangerous Dogs Act 1991, s 3(1)
Points to Prove – Standard Offence
- ✓ Owner/person in charge of dog
- ✓ Dangerously out of control
- ✓ In any place
Points to Prove – Aggravated Offence
- ✓ While out of control caused injury to any person or assistance dog
Meanings
Dangerously out of control
When there are grounds for reasonable apprehension that the dog will injure any person or assistance dog, whether it does so or not.
Public place
Means any street, road or other public place (whether or not it is enclosed) to which the public have or are permitted to have access, whether for payment or otherwise, including the common parts of a building containing two or more separate dwellings.
Owner
Where a dog is owned by a person who is under 16, any reference to its owner shall include a reference to the head of the household, if any of which that person is a member.
Assistance dog
A dog which has been trained:
- ▸ To guide a blind person
- ▸ To assist a deaf person
- ▸ By a prescribed charity to assist a disabled person with a disability that consists of epilepsy or otherwise affects their mobility, manual dexterity, physical coordination or ability to lift, carry or otherwise move everyday objects
- ▸ To assist a disabled person who has a disability of a prescribed kind (not given above) and the dog is of a prescribed category.
Defences
Householder case (s 3(1A)–(1B))
A person (‘D’) is not guilty of an offence under subsection (1) in a case which is a householder case.
For the purposes of subsection (1A) ‘a householder case’ is a case where—
(a) the dog is dangerously out of control while in or partly in a building, or part of a building, that is a dwelling or is forces accommodation (or is both), and
(b) at that time— (i) the person in relation to whom the dog is dangerously out of control (‘V’) is in, or is entering, the building or part as a trespasser, or (ii) D (if present at that time) believed V to be in, or entering, the building or part as a trespasser.
Section 76(8B) to (8F) of the Criminal Justice and Immigration Act 2008 (use of force at place of residence) apply for the purposes of this subsection as they apply for the purposes of subsection (8A) of that section (and for those purposes the reference in section 76(8D) to subsection (8A)(d) is to be read as if it were a reference to paragraph (b)(ii) of this subsection).
Not in charge (s 3(2))
In proceedings for an offence under subsection (1) above against a person who is the owner of a dog, but was not at the material time in charge of it, it shall be a defence for the accused to prove that the dog was, at the material time, in the charge of a person whom he reasonably believed to be a fit and proper person to be in charge of it.
Dangerous Dogs Act 1991, s 3
Allocation and Punishment
Standard Offence
Standard Offence
Magistrates Court: 6 months imprisonment and/or fine
Aggravated Offence
Aggravated Offence
Magistrates Court: 6/12 months’ imprisonment and/or a fine
Crown Court:
If a person dies as a result of being injured: 14 years’ imprisonment and/or a fine
Where a person is injured: 5 years’ imprisonment and/or a fine
Where an assistance dog is injured/dies: 3 years’ imprisonment and/or a fine
Destruction and Disqualification Orders
(1) Where a person is convicted of an offence under section 1 or 3(1) above the court—
(a) may order the destruction of any dog in respect of which the offence was committed and, subject to subsection (1A) below, shall do so in the case of an offence under section 1 or an aggravated offence under section 3(1) above; and
(b) may order the offender to be disqualified, for such period as the court thinks fit, for having custody of a dog.
(1A) Nothing in subsection (1)(a) above shall require the court to order the destruction of a dog if the court is satisfied that the dog would not constitute a danger to public safety.
(1B) For the purposes of subsection (1A)(a), when deciding whether a dog would constitute a danger to public safety, the court—
(a) must consider— (i) the temperament of the dog and its past behaviour, and (ii) whether the owner of the dog, or the person for the time being in charge of it, is a fit and proper person to be in charge of the dog, and
(b) may consider any other relevant circumstances.
Dangerous Dogs Act 1991, s 4
Ready for Legal Support?
If you’re facing serious allegations, our team is here to provide expert support. Let us help safeguard your rights.