dangerous dogs act 2018
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 3 of the Act applies to every single dog owner in England and Wales. The court may also consider any other relevant circumstances, (section 4(1B) of the 1991 Act). Prosecutors should note that Criminal Procedure Rules 19.6 applies where one or more parties wants to introduce expert evidence, and identifies that the court may direct the experts to -. The lower standard of proof of such an application must be balanced against the following factors: Prosecutors should note the ruling in Briscoe v Shattock  EWHC Admin 929, in which the meaning of ‘dangerousness’ equates to the dog’s disposition rather than its actions. Regulation 12 gives authorised person powers to serve a notice on a keeper to microchip their dog, to microchip a dog and recover the cost of doing so from the keeper and to take possession of a dog for the purpose of micro-chipping it. '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). All rights reserved. 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. Owning one of these banned breeds or cross breed dogs that is not on the index of exempted dogs is considered to be illegal. 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. 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. 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. Microchip identification. This has angered DDA campaigners as it flies in the face of ‘Deed not Breed’. add any requirements to the Contingent Destruction Order – by virtue of a statutory scheme three pre-release conditions and nine post-release requirements automatically apply. Did the suspect leave a dog known to have a volatile temperament with a child for an extended period for time in circumstances likely to aggravate the animal (no food / a closed environment with little room for exercise / in a hot temperature with no ventilation etc)? ‘Dangerous’ should be given its ordinary everyday meaning. This Guideline applies to all offenders who are sentenced on or after 1 July 2016 regardless of the date of offence. 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. PETA’s reasoning for this is that … If any of these are attacked by a dog, there is no offence under this Act. 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. 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. 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. How does the Dangerous Dogs Act affect me? The serious nature of these cases usually means that a prosecution will be in the public interest. 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. Have there been any pre-cursor incidents, such as unreported attacks within the household by the dog on family members or on other animals? Under the dangerous dogs act 1991 four breeds of dog are illegal to own, breed from, abandon or sell. Regulation 8 requires a new keeper to update the information on the database on the transfer of keepership and prevents a dog from being transferred to a new keeper until it has been micro-chipped. This information must be kept up-to-date in order for a dog to be considered to be properly micro-chipped at all times. 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. Help us to improve our website; let us know The Attorney General has formally assigned the conduct of these civil proceedings to the Director of Public Prosecutions. The reasons behind the Dangerous Dogs Act. Animals were rescued and collected last year. 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 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  2 Archbold News 1, CA. 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. Proceedings for a civil complaint under section 2 of the Dogs Act 1871 must be issued within six months. There is no power in the 1953 Act for any penalty other than a financial one (section 1(6) refers). The Court should not add any other conditions to the nine post-release statutory requirements. 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. Regulation 7 gives the Secretary of State power to request information from databases and, in certain circumstances, gives the Secretary of State the power to serve a notice on database operators requiring them to cease holding themselves out as meeting the requirements of the Regulations. 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. The requirements include keeping the dog at the same address, notifying the specified Agency of any proposed change of address, keeping the dog muzzled and on a lead when in a public place, and a number of other requirements set out in the Dangerous Dogs Exemption Schemes (England and Wales) Order 2015 (‘the 2015 Order’). 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. 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. Does the suspect have previous convictions for dog related offences? Regulation 3 imposes a duty on every keeper of a dog to have their dog micro-chipped and to record information on a database. Courts will sometimes have to decide whether a particular dog falls within one of the four types. 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. 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. It is not sufficient to provide a total cost. Prosecutors should consider an application to forfeit the dog in suitable cases. © RSPCA 2021. In proceedings for an offence under section 3(1) of the 1991 Act against a person who is the owner of a dog but was not at the material time in charge of it, it is 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. Whilst we don't think the Dangerous Dogs Act (particularly Section 1 which applies breed-specific legislation) is effective in reducing dog bites, we do believe that all dog owners should be responsible for their dogs behaviour around people, other dogs and other animals. 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. The maximum sentence for possession of a prohibited dog remains at six months’ imprisonment. Where the police / local authority has applied for a Gang Injunction, prosecutors should be alert to possible disclosure implications. Additional restrictions and harsher fines are on the way for Alabama residents who own dangerous dogs. 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)). 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). 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. 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. 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. 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. Controlling dangerous dogs 7 7. 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 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. (See Expert witnesses). It will be necessary to provide a breakdown in the form of a costs schedule with itemised costs. 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. For example, children tend to want to make very close facial contact with dogs which they may find threatening. The offence under section 3(1) is an offence of strict liability. 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? In 2014, sentencing guidelines in England and Wales were changed to raise the maximum jail sentence for a fatal dog attack … Issues about the identification / type of dog should be identified at the first hearing. Back to top Previous debate. 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. 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. Prosecutors should apply for compensation for the police for the kennelling costs (section 4(4)(b) and section 4A(6) of the 1991 Act). DEFRA Legal Advisers have developed two documents for prosecutors. More than one person may be ‘in charge’ of a dog at any given time: L v CPS 174 JP 209 DC. 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? A dog can be ‘dangerous’ to other animals as well as to humans. 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. what you think by taking our short survey, RT @MaxHillQC: This was truly a horrific case. The authority of R (Sandhu) v Isleworth Crown Court 176 JP 537 DC is often cited to support such an argument. Some dogs (prior to March 2015) are also tattooed with the unique number allocated by the Index of Exempted Dogs. The court’s decision will be assisted by an abbreviated statement from the Dog Legislation Officer. The relevant question was whether the dog was being ‘used for a lawful purpose by a constable’. Dangerous Dogs Act dogs destroyed/costs – March 2018 (R018015) Tel: 0300 020 3000. R v PY provides guidance as to the meaning of ‘lawful purpose’. A prosecution may not be required where there has been minimal risk to public safety. The Dangerous Dogs Act was introduced following concerns about the number of attacks of people. 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. 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. Where a CDO is made in respect of a prohibited type dog the Order will require that the dog is exempted within the requisite, two month, period. 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. Alert me about debates like this. 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). This guidance assists our prosecutors when they are making decisions about cases. See Expert Witnesses. 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’. Regulation 10 provides for reporting of adverse reactions to, and migration of, microchips and reporting of microchip failures. This is not an exhaustive definition and the ordinary meaning of the words should still be applied. Prosecutors should note that Rafiq v DPP 161 JP 412 DC provides: If there is a bite without reasonable apprehension immediately before it, the use of the word ‘any occasion’ used in the interpretation of ‘dangerously out of control’ is sufficient to impose liability. The section makes it clear that failing to comply with an Order under section 2 of the Dogs Act 1871 to keep a dog under proper control includes a reference to failing to comply with any specific Order made under that section. © Copyright 2017 CPS. In this case, the killing of two rabbits was not considered to be ‘dangerous’. 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. He faced one count of being in charge of a dog which was dangerously out of control. 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. 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. 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. prepare a statement for the court of the matters on which they agree and disagree, giving their reasons. A dog doesn't have to bite to be deemed dangerous in the eyes of the law. Cases involving death will inevitably be one of the most serious matters to be dealt with by prosecutors. All Westminster Hall debates on 16 Jul 2018. Whether you own a large dog or a miniature breed, and however calm and friendly your dog is, the Dangerous Dogs Act still applies to you. 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. In R v PY  EWCA Crim 17 the defendant was a police constable with a police dog. 102 Petty France, 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. Dog attacks on assistance dogs may also be considered to be hate crime. Prosecutors should not prejudge the outcome of a trial where there is conflicting expert evidence in relation to the identification of the type of dog. 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, … The Code for Crown Prosecutors is a public document, issued by the Director of Public Prosecutions that sets out the general principles Crown Prosecutors should follow when they make decisions on cases. Prosecutors should remind the court of the ancillary orders available and those which are mandatory on conviction. 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. Only where there is a Code test failure should the case be stopped prior to trial. The police will normally provide an expedited streamlined forensic report on the dog type and will almost certainly be the prosecution expert witness. Criminal Procedure Rules Part 19 concern expert 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. to go to their bed when they hear the doorbell. In such cases, the police should be requested to provide a victim personal statement. The Dangerous Dogs Act has been amended over time. 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. Sandhu ruled on the 1991 Act before the amendments made by the 2014 Act and therefore is no longer relevant to the statutory test that must be applied by the Court when considering whether a prohibited type dog may be made subject to a CDO instead of immediate destruction. Part 19 applies where a party wants to introduce expert opinion evidence. 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. This page provides an overview of the requirements relating to dangerous dog provisions in the Act and the prescribed requirements in the Domestic Animals Regulations 2015. If it was, the incident fell out of the scope of section 3 by virtue of section 10(3). So it's important to ensure that your dog is kept … 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’. The fact that the suspect had the dog put down immediately after the incident – although this could demonstrate genuine remorse, and an acknowledgement of the risk that the dog posed to others, it could equally be a cynical action on the part of the suspect. The consent is a pre-requisite to any prosecution. Dangerous Dogs Act: Staffordshire Bull Terriers — [Mr Charles Walker in the Chair] – in Westminster Hall at 4:30 pm on 16th July 2018. However, a court could prosecute if a person believes they would have been injured if they tried to stop a dog attacking their animal. 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. 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. 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. 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). We believe the Dangerous Dogs Act is not only unscientific and cruel, it is also costly to the public and wastes police time, whilst the issue of preventing dog bites is not being addressed. An Order under section 2 of the Dogs Act 1871 may be made whether or not the dog is shown to have injured any person; and may specify the measures to be taken for keeping the dog under proper control, whether by muzzling, keeping on a lead, excluding it from specified places or otherwise. Gang members often breed dangerous dog to facilitate drug deals and debt collection, as well as enhance the gang’s image. It is an offence, punishable on summary conviction by a fine not exceeding level 2 on the standard scale to-. By Laura Roberts 24 December 2010 • 16:39 pm . 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. Search Go! 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. Whether a dog was being used for a policing activity by a constable was a question of fact. The Sentencing Council published a revised Definitive Guideline on Dangerous Dog Offences on 17 March 2016. If it appears to a court on a complaint under section 2 of the Dogs Act 1871 that the dog to which the complaint relates is a male and would be less dangerous if neutered the court may under that section make an Order requiring it to be neutered. 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