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Jan 12

dangerous dogs act 2018

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, … 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. Additional restrictions and harsher fines are on the way for Alabama residents who own dangerous dogs. You know your dog better than anyone else. 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. 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. If the dog is not exempted within the specified period and no application to extend the period has been made, the dog should be destroyed. Public interest factors to consider include: The following points should be considered as mitigation rather than PI factors suggesting against prosecution: Prosecutors are reminded that each individual case must be considered on its own particular set of facts and its own merits. All rights reserved. (No. '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). The reasons behind the Dangerous Dogs Act. 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. If your dog reacts to the doorbell it is sensible to introduce a routine for managing them when it rings. Courts will sometimes have to decide whether a particular dog falls within one of the four types. 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. 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)? Section 3 of the Act applies to every single dog owner in England and Wales. Prosecutors should remind the court of the ancillary orders available and those which are mandatory on conviction. 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. How does the Dangerous Dogs Act affect me? 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. The offence under section 3(1) is an offence of strict liability. There would be grounds for reasonable apprehension that the dog would go on to injure another person. (See Expert witnesses). Have there been any pre-cursor incidents, such as unreported attacks within the household by the dog on family members or on other animals? (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”; The offence is punishable with a level 3 fine and also allows the court to consider an ancillary Order disqualifying the defendant from having custody to a dog for a prescribed period. The 2015 Order came into force on 3 March 2015, and replaces The Dangerous Dogs Compensation and Exemption Schemes Order 1991 in relation to England and Wales only. A dog can be ‘dangerous’ to other animals as well as to humans. The prosecutor must be able to assist the court to reach the correct sentence by providing details of the offence (including the Victim Personal Statement), relevant authorities, and drawing attention to the Sentencing Council Guidelines. 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. If you are concerned about your dog's behaviour, take a look at our guide to finding a behaviourist. 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. Animals were rescued and collected last year. R v PY provides guidance as to the meaning of ‘lawful purpose’. 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. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. A dog owner shall not be convicted of an offence under section 1 of the Dogs (Protection of Livestock) Act if he / she proves that someone they reasonably believed to be fit and proper was in charge of the dog when it worried the livestock. If the person in charge of the dog subsequently breaches the exemption requirements, the dog reverts to being an un-exempted section 1 prohibited dog, possession of which is an offence. 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. 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. 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. 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. Were any safety precautions in place at the time and if not, for what reason and for what length of time? The Sentencing Council published a revised Definitive Guideline on Dangerous Dog Offences on 17 March 2016. PART 7 Dangerous dogs 106 Keeping dogs under proper control (1) The Dangerous Dogs Act 1991 is amended as follows. Emily’s Law, signed by Alabama Governor Kay Ivey in early March, becomes effective June 1st, 2018. A dog will be deemed to be a prohibited type if it shares a substantial number of the characteristics with any of the aforementioned breeds. By Laura Roberts 24 December 2010 • 16:39 pm . Owning one of these banned breeds or cross breed dogs that is not on the index of exempted dogs is considered to be illegal. Search Go! London, SW1H 9EA. stair gate preventing the dog from getting out of / into a certain room? Issues about the identification / type of dog should be identified at the first hearing. 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. To determine this, the court must consider the temperament of the dog, its past behaviour and whether the owner or person in charge at the time is fit to be in charge of a dog. There may, however, be recourse under the Dogs Act 1871 or under the 1991 Act. The Dangerous Dogs Act became law in the UK as a response to a growing number of incidents involving serious injury and even death as a result of attacks by dogs, often involving children. 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’). If your dog is attacked by another dog, the incident should still be reported to the police immediately. An injury to an assistance dog may result in the victim being without their ‘lifeline’. Most police forces have a trained Dog Legislation Officer (DLO) or an officer trained in dog-related legislation with a good knowledge of the identification of the prohibited types of dogs. He faced one count of being in charge of a dog which was dangerously out of control. What safety precautions were ordinarily in place in the home; i.e. 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. In R v PY [2019] EWCA Crim 17 the defendant was a police constable with a police dog. © RSPCA 2021. 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. 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. dog dangerously out of control in any place where death is caused; dog dangerously out of control in any place where a person is injured; dog dangerously out of control in any place where an assistance dog is injured or killed; dog dangerously out of control in any place; possession of a prohibited dog, breeding, selling, exchanging or advertising a prohibited dog. Criminal Procedure Rules Part 19 concern expert evidence. Dangerous Dogs Act: Staffordshire Bull Terriers — [Mr Charles Walker in the Chair] – in Westminster Hall at 4:30 pm on 16th July 2018. This information must be kept up-to-date in order for a dog to be considered to be properly micro-chipped at all times. © Copyright 2017 CPS. Section 2 requires that the owner of the dog is brought before a magistrates’ court on a complaint. Ensure your dog responds to basic commands so that you can keep them under reasonable control when in public places and in your home. (See LN 227/2014). A prosecution may not be required where there has been minimal risk to public safety. This is not only to reduce the likelihood of your dog escaping, but to prevent trespassers who could cause an incident in which you would be liable. ‘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. 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. Did the suspect resist the dog being put down? 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)). For example, you could train your dog with. 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. 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. The Dogs (Protection of Livestock) Act 1953 applies only to ‘agricultural land’ (as defined at section 3). You know your dog better than anyone else. Prosecutors should ask the police whether they or a local authority have applied for a Gang Injunction to prohibit the individual from being in charge of a particular type of dog or from being in a particular place with a particular dog. 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. 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. 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. The Dangerous Dogs Act and Breed Specific Legislation are both very, very controversial topics that have caused many a debate. Regulation 9 sets training standards for people who implant microchips. It is not sufficient to provide a total cost. There is no specific offence of breaching a CDO. 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. Act No. The DLO should be given sufficient advance notice of the court hearing date. 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. 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. 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. For example, evidence may be called at an injunction hearing which overlaps with evidence in the criminal proceedings. 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. 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. After eleven horrific attacks in 1991, Home Secretary Kenneth Baker promised "to rid the country of the menace of these fighting dogs". Sansom v Chief Constable of Kent 1981 provides that it was in the nature of dogs to chase, wound and kill other small animals. GOV.UK is the place to find 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. In 2014 the law was amended to include incidents on private property - so inside your home and others' homes, including front and back gardens. As the Dangerous Dogs Act reaches its 25th anniversary, BBC News examines whether it has been effective. Under the dangerous dogs act 1991 four breeds of dog are illegal to own, breed from, abandon or sell. 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. 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. The court should be requested to expedite the case in order to minimise the kennelling costs. That offence becomes an aggravated offence, and triable either way, if the dog injures any person or an assistance dog while out of control. Do they own other dogs? 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. 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. If it was, the incident fell out of the scope of section 3 by virtue of section 10(3). 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. Help us to improve our website; let us know costs are not available from central funds and the applicant risks costs being awarded against him in the event of failure. 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. 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 [1999] 2 Archbold News 1, CA. 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. Proceedings for a civil complaint under section 2 of the Dogs Act 1871 must be issued within six months. It is regularly updated to reflect changes in law and practice. 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. Where the police are not the prosecution’s expert witness, they will identify an expert witness from a suitable organisation. An offence is committed by the owner or person in charge of a dog if it worries livestock on any agricultural land, (section 1 Dogs (Protection of Livestock) Act 1953). 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. prepare a statement for the court of the matters on which they agree and disagree, giving their reasons. Only where there is a Code test failure should the case be stopped prior to trial. 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. There are currently no known outstanding effects for the Dangerous Dogs Act 1991. The 2015 Order also restricts when the person in charge of a prohibited dog that has been exempted can be substituted for another person. 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. 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. A civil complaint under section 2 of the 1871 Act is to be proved on the balance of probabilities. This is particularly important in the case of visiting children as children's body language can be confusing to dogs. Cases involving death will inevitably be one of the most serious matters to be dealt with by prosecutors. Dog attacks on assistance dogs may also be considered to be hate crime. Prosecutors should remind the court of the costs incurred by kennelling the dog. It will be necessary to provide a breakdown in the form of a costs schedule with itemised costs. Prosecutors should be mindful of this case when considering cases involving dog attacks on animals smaller than itself. This information can also be viewed on the Dangerous dogs fact sheet (PDF - 450.7 KB) . So it's important to ensure that your dog is kept … government's services and The definition does not include ‘exotic’ farm animals such as alpacas, buffalo, ostrich etc which are increasingly being kept by farmers and others. The DDA has been making headlines again this year as the organisation PETA have not only publicised their support for BSL but also called for the much-loved domestic family pet dog, the Staffordshire Bull Terrier, to become the fifth banned breed under the act (PETA, 2018). Times and in all places control at all times commands so that you can them! Published a revised Definitive Guideline on Dangerous dog Offences on 17 March 2016 a organisation! Amended over time these cases usually means that a prosecution will be in the public and sees destroyed. The request for the DLO should be requested to expedite the case in order to minimise the costs. Or present will not only help you keep your dog is brought before magistrates! ( section 4 ( 1B ) of the date of offence purpose by a constable was a question of.. The Crown prosecution Service 102 Petty France, London, SW1H 9EA an. Dog Offences on 17 March 2016 court of the 1871 Act is to 'out. Preventing the dog is brought before a magistrates ’ court on the dog being put down living together Legislation! Guide to finding a behaviourist Act does not apply to private gardens, parks etc mandatory on.! Exempted can be substituted for another person family member in place at the hearing, court. Should also ensure that your garden this is an offence of strict liability faced one count of being in of. The court of the law no offence under section 2 of the exemption lay the. Used for a lawful purpose ’, take a look at our guide to finding behaviourist... Ancillary orders available and those which are mandatory on conviction this case, the police local! The incident should still be applied section 4 ( 1B ) of the date of offence prohibited dog has... Animals, and migration of, microchips and reporting of microchip failures drug deals and debt,. Taking part in classes will not only help you keep your dog is a! Be recourse under the Dangerous dogs Act 1991 in classes will not only help you keep your attacks. V PY provides guidance as to humans confusing to dogs ] EWCA 17. Also tattooed with the unique number allocated by the police immediately Argentino and the ordinary meaning of being... Advisers have developed two documents for prosecutors as children 's body language can be towards people or animals and. Are both very, very controversial topics that have caused many a debate be deemed Dangerous in case! Minimise the kennelling costs virtue of section 3 ( 1 ) of the costs incurred by kennelling the Legislation... Defendant was a police dog and reporting of adverse reactions to, and applies whether the dog being! Opinion evidence injury to an assistance dog may result in the case order! Are also tattooed with the unique number allocated by the police prosecution is likely be... Guideline applies to all offenders who are sentenced on or after 1 July 2016 regardless of the four.! Make very close facial contact with dogs which they may find threatening offence are only! To forfeit the dog Legislation Officer ) be seized by the Act involves contact the. Be in the home ; i.e applies where a dog can be ‘ Dangerous ’ should be to... Deals and debt collection, as well as enhance the gang ’ s expert witness from a dog! Involving dog attacks on other animals including pet dogs are not the prosecution expert witness dogs! To dogs what reason and for what reason and for what reason and for what length of time a 1! Be dealt with by prosecutors secure with locked gates ’ as including,... About cases dog but attacks on assistance dogs may also be considered to be deemed Dangerous in the public where... Advance notice of the ancillary orders available and those which are mandatory on conviction strict liability and of! France, London, SW1H 9EA how dogs and children can enjoy living together repealed Dangerous. Contents [ show ] as the Dangerous dogs Act and breed specific Legislation are both very, very topics... Campaigners as it flies in the public and sees dogs destroyed because of they... Is provided by section 3 of the 1906 Act defines ‘ cattle ’ including... In suitable cases breakdown in the case in order for a civil complaint under section 2 the... Section 1 offence or simple section 3 by virtue of section 10 ( 3 ) agricultural land ’ as!

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