Other Criminal Offences
Dangerous Dog Offences
Facing allegations regarding your dog being dangerously out of control can be a very stressful and emotional time, when your dog is part of your family. The law applies to all dogs; 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 dogs being euthanised.
Dangerous Dogs Act 1991, s 3(1)
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
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; or to assist a disabled person who has a disability of a prescribed kind.
Defences
Householder defence (s 1A/1B)
A person is not guilty of the offence where the dog is dangerously out of control while in or partly in a building that is a dwelling, and the person in relation to whom the dog is out of control is in, or is entering, the building as a trespasser.
Person not in charge (s 3(2))
Where the owner was not in charge of the dog at the material time, it is a defence to prove that the dog was in the charge of a person whom the owner reasonably believed to be a fit and proper person to be in charge of it.
Allocation and Punishment
Magistrates Court: 6 months imprisonment and/or fine
Aggravated offence
Magistrates Court: 6/12 months imprisonment and/or fine
Crown Court — death caused: 14 years imprisonment and/or fine
Crown Court — injury caused: 5 years imprisonment and/or fine
Crown Court — assistance dog injured/dies: 3 years imprisonment and/or fine
Dangerous Dogs Act 1991, s 4
Destruction and disqualification orders
Orders available to the court
Where a person is convicted of an offence under section 1 or 3(1), the court may order the destruction of any dog in respect of which the offence was committed and, in the case of an aggravated offence under section 3(1), shall do so unless satisfied that the dog would not constitute a danger to public safety.
The court may also order the offender to be disqualified, for such period as the court thinks fit, from having custody of a dog.
When deciding if a dog is a danger to public safety, the court must consider:
- ✓ The temperament of the dog and its past behaviour
- ✓ Whether the owner or person in charge is a fit and proper person to be in charge of the dog
- ✓ Any other relevant circumstances
Dangerous Dogs Act 1991, s 4
Ready for Legal Support?
If you or a family member is facing allegations under the Dangerous Dogs Act, early specialist advice is essential. Contact MC Solicitors today.