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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). In deciding whether to make a CDO instead of an immediate Destruction Order the court must be satisfied that the dog does not constitute a danger to public safety (section 4(1A) of the 1991 Act). So it's important to ensure that your dog is kept under control at all times and in all places. 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 note that it is advisable that a DLO attends relevant court hearings and, in particular, attends the sentencing hearing. The DLO should be given sufficient advance notice of the court hearing date. Were any safety precautions in place at the time and if not, for what reason and for what length of time? More than one person may be ‘in charge’ of a dog at any given time: L v CPS 174 JP 209 DC. (See Case Management: Dog Legislation Officer). Where the police are not the prosecution’s expert witness, they will identify an expert witness from a suitable organisation. Dangerous Dogs Act dogs destroyed/costs – March 2018 (R018015) Tel: 0300 020 3000. 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 definition of ‘poultry’ is provided by section 3 of the Dogs (Protection of Livestock) Act 1953. If your dog reacts to the doorbell it is sensible to introduce a routine for managing them when it rings. 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. The dangerousness alleged can be towards people or animals, and applies whether the dog is in a private or public place. This is not an exhaustive definition and the ordinary meaning of the words should still be applied. If you are concerned about your dog's behaviour, take a look at our guide to finding a behaviourist. The prosecution is nonetheless required to prove that an act or omission by the defendant, with or without fault, to more than a minimal degree, caused or permitted the dog to be dangerously out of control; Parliament did not intend to render the dog owner absolutely liable in all circumstances for the dog being dangerously out of control, or to create an offence without regard to the ability of the owner, or someone to whom he had entrusted responsibility, to take and keep control of the animal; there must be some causal connection between having control of the dog and the prohibited state of affairs that has arisen (see R v Robinson-Pierre [2014] 1 Cr App R 22, DA). 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. 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. Regulation 9 sets training standards for people who implant microchips. '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). See Expert Witnesses. 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)? A dog doesn't have to bite to be deemed dangerous in the eyes of the law. 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. 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. London, SW1H 9EA. At the hearing, the county attorney, municipal attorney, or municipal prosecutor shall present evidence that the dog is dangerous. discuss the expert issues in the proceedings; and. How does the Dangerous Dogs Act affect me? 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. 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 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). Revised legislation carried on this site may not be fully up to date. 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. The RSPCA helps animals in England and Wales. (See LN 227/2014). (No. The maximum sentence for possession of a prohibited dog remains at six months’ imprisonment. If a dog is factually deemed to be acting in a way that could be termed ‘dangerously out of control’, for example attacking livestock, a prosecution may still be brought. FULL STATEMENT:…. 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. You know your dog better than anyone else. The police will normally provide an expedited streamlined forensic report on the dog type and will almost certainly be the prosecution expert witness. 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. 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. 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. It cannot extend to the future.”. All rights reserved. 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). Issues about the identification / type of dog should be identified at the first hearing. DEFRA Legal Advisers have developed two documents for prosecutors. 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. Section 10(3) of the Act provides an exemption in any case in which the dog is being used for a lawful purpose by a constable or a person in the service of the Crown. This exemption does not apply to dog attacks on trespassers in gardens, driveways or outbuildings. Penalties. 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. ‘Dangerous’ should be given its ordinary everyday meaning. After eleven horrific attacks in 1991, Home Secretary Kenneth Baker promised "to rid the country of the menace of these fighting dogs". 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. 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? It is an offence, punishable on summary conviction by a fine not exceeding level 4 on the standard scale, to fail to comply with a notice served under Regulation 7. The serious nature of these cases usually means that a prosecution will be in the public interest. The offence under section 3(1) is an offence of strict liability. ‘Poultry’ is not defined by the Act. In such cases, the police should be requested to provide a victim personal statement. To declare the dog dangerous the court shall find by reasonable satisfaction that the dog bit, attacked, or caused physical injury, serious physical injury, or death to a … © RSPCA 2021. Where the police / local authority has applied for a Gang Injunction, prosecutors should be alert to possible disclosure implications. 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). The Attorney General has formally assigned the conduct of these civil proceedings to the Director of Public Prosecutions. What safety precautions were ordinarily in place in the home; i.e. They are the Pit Bull terrier, Japanese Tosa, Dogo Argentino and the Fila Brasileiro. 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. Section 7 of the 1906 Act defines ‘cattle’ as including horses, goats, mules, asses, sheep and swine. 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. Prosecutors should record the request for the DLO to attend court on the MG3. to go to their bed when they hear the doorbell. 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. The Dangerous Dogs Act was introduced following concerns about the number of attacks of people. Cases involving death will inevitably be one of the most serious matters to be dealt with by prosecutors. These Regulations provide for the compulsory micro-chipping of dogs and the recording of each dog’s identity and its keeper’s contact details on a database. This guidance assists our prosecutors when they are making decisions about cases. Paragraph 89 makes clear that “the concept involves contact in the past or present. 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. The words take on their ordinary meaning and, in the context of the 1991 Act, mean to make a prohibited dog available for sale or as a gift. The Act does not apply to private gardens, parks etc. He faced one count of being in charge of a dog which was dangerously out of control. © Copyright 2017 CPS. So it's important to ensure that your dog is kept … 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. Take a look at our advice on finding a suitable dog trainer. Dog attacks on assistance dogs may also be considered to be hate crime. The court should be requested to expedite the case in order to minimise the kennelling costs. Proceedings for a civil complaint under section 2 of the Dogs Act 1871 must be issued within six months. 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. On the assumed facts upon which the issue was argued in R v PY, the exemption in section 10(3) was not established, (the dogs were kept at home and were being exercised as the defendant was required to do so). However, in relation to less serious offences where non-prohibited dogs are dangerously out of control, the court may make a destruction order or a CDO or make no order in respect of the dog. 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 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. 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. That offence becomes an aggravated offence, and triable either way, if the dog injures any person or an assistance dog while out of control. 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. This has angered DDA campaigners as it flies in the face of ‘Deed not Breed’. 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. PART 7 Dangerous dogs 106 Keeping dogs under proper control (1) The Dangerous Dogs Act 1991 is amended as follows. The 2015 Order also restricts when the person in charge of a prohibited dog that has been exempted can be substituted for another person. what you think by taking our short survey, RT @MaxHillQC: This was truly a horrific case. 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. If your dog is attacked by another dog, the incident should still be reported to the police immediately. Prosecutors should remind the court of the costs incurred by kennelling the dog. Table of Contents [ show] Whether a dog was being used for a policing activity by a constable was a question of fact. This ineffective law doesn't protect the public and sees dogs destroyed because of how they look. 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. (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”; So here's what you need to know about the Act: Since 1991 it has been illegal for dogs to be 'out of control in a public place'. 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 [1998] EWHC Admin 929, in which the meaning of ‘dangerousness’ equates to the dog’s disposition rather than its actions. 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? Does the suspect have previous convictions for dog related offences? 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. fail to comply with a notice served under regulation 9(2); fail to report an adverse reaction or the failure of a microchip in accordance with regulation 10(1); fail to comply with a notice served under regulation 12(a); obstruct an authorised person exercising a power under regulation 12(b) or 12(c). 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. 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. costs are not available from central funds and the applicant risks costs being awarded against him in the event of failure. Regulation 3 imposes a duty on every keeper of a dog to have their dog micro-chipped and to record information on a database. 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. 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. 3 of 2014 which amends this Act was brought into operation on 2nd June 2014. 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. As the Dangerous Dogs Act reaches its 25th anniversary, BBC News examines whether it has been effective. Registered charity no.219099. Help and advice about how dogs and children can enjoy living together. A guard dog may not be used or permitted to be used unless a notice warning of the dog’s presence is clearly exhibited at each entrance to the premises, (sections 1 and 5 of the Guard Dogs Act 1975). 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. Owning one of these banned breeds or cross breed dogs that is not on the index of exempted dogs is considered to be illegal. 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. The Dangerous Dogs Act has been amended over time. 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. 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. It is an offence, punishable on summary conviction by a fine not exceeding level 2 on the standard scale to-. There would be grounds for reasonable apprehension that the dog would go on to injure another person. Back to top Previous debate. However, rather confusingly, if your dog attacks an intruder in your garden this is an offence which could land you in court. Changes to Legislation. Under the Act, it's illegal for a dog to be 'out of control' or to bite or attack someone. Regulation 10 provides for reporting of adverse reactions to, and migration of, microchips and reporting of microchip failures. As a result, if a dog injures a person, it may be seized by the police. 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. It is not sufficient to provide a total cost. 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). 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. 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. 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. If any of these are attacked by a dog, there is no offence under this Act. 102 Petty France, The prosecution is, however, required to prove that an act or omission of the defendant, with or without fault, to more than a minimal degree, caused or permitted the dog to be dangerously out of control. Section 2 requires that the owner of the dog is brought before a magistrates’ court on a complaint. This is particularly important in the case of visiting children as children's body language can be confusing to dogs. By Laura Roberts 24 December 2010 • 16:39 pm . 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