Dangerous Dogs and the Law

I love dogs. It doesn't matter how bad your day has been, your dog always loves you at the end of it.

Having a dog is an absolute privilege. It is a lifelong commitment and responsibility, whether it's a much-loved family member, as in my case, or a hardworking tool of the trade. Unfortunately, some people do not take their responsibility to keep proper control of their dog as seriously as they should do.

In this article I will give a whistle-stop tour of dangerous dog offences. There are several of these offences but by far the most common, and therefore the main thrust of this article, is the offence of a dog being dangerously out of control in any place in England or Wales.

This is an offence contrary to section 3(1) of the Dangerous Dogs Act 1991.

Section 3(1) states the following: 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.

Section 10(3) of the Act defines "dangerously out of control" in the following terms: A dog shall be regarded as dangerously out of control on any occasion on which there are grounds for reasonable apprehension that it will injure any person or assistance dog, whether or not it actually does so, but references to a dog injuring a person or assistance dog or there being grounds for reasonable apprehension that it will do so do not include references to 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.

It therefore follows that an offence under section 3(1) can be committed if a person reasonably perceives that a dog is behaving in a manner that could cause injury to a person or assistance dog, even if no injury is actually caused. This could be the case if the dog is seen to bark aggressively towards, lunge forwards towards, chase after or jump up at any person or assistance dog.

An offence is not committed if the dog in question is being used for a lawful purpose by a constable (which means a sworn police officer of any rank) or a person in the service of the Crown (which could include MOD guard dogs, service dogs and the like).

Section 3(1A) states that a person ("D") is not guilty of an offence under section 3(1) in a householder case.

Section 3(1B) goes on to define a "householder case" as one where the dog is present inside, or partly inside, a dwelling or service accommodation and the person who the dog is dangerously out of control towards ("V") is present in, or entering, that building as a trespasser; Or "D", if present at the time, believed "V" to be present in, or entering, the dwelling or service accommodation, or part thereof, as a trespasser.

This provides a statutory defence in the case where a dog present inside a dwelling or service accommodation is dangerously out of control towards someone who enters (or attempts to enter) that building as a trespasser.

The section 3(1B) defence does not apply in cases where a dog is dangerously out of control towards a trespasser present in a garden, driveway or outbuilding.

Section 3(4) of the Act states that a maximum penalty for an offence under section 3(1) is 6 months' custody and/or a fine at level 5 (unlimited) on summary conviction.

In relation to an aggravated offence under section 3(1) - e.g. one where a dog dangerously out of control causes injury to any person or assistance dog - section 3(4) states that the maximum penalty is 6 months' custody and/or a fine at level 5 on summary conviction; a maximum period of custody as stated in section 3(4A) and/or a fine at level 5 on conviction on indictment;.

Section 3(4A) gives the maximum custodial periods on conviction on indictment for an aggravated offence as:

(a) 14 years' custody if a person dies as a result of being injured;

(b) 5 years' custody in any other case where a person is injured;

(c) 3 years' custody in any case where an assistance dog is injured (whether or not it dies).

Section 4 of the Act relates to destruction and disqualification orders.

In accordance with section 4(1)(a) the court may order the destruction of a dog involved in a section 3(1) offence and shall order the destruction of a dog involved in a section 3(1) aggravated offence.

Notwithstanding section 4(1)(a), the court can use its discretion under section 4(1A) not to order the destruction of a dog involved in a section 3(1) offence or aggravated offence, if the court is satisfied that the dog does not constitute a threat to public safety.

In exercising this discretion, the court is to have due regard to the temperament and past behaviour of the dog, whether the owner or person in charge of it is a fit and proper person and any other relevant circumstances.

In accordance with section 4(1)(b) the court may disqualify a person convicted of a section 3(1) offence or aggravated offence from having custody of a dog. This disqualification can be for any period of time the court thinks fit.

Section 4A of the Act allows the court to make a contingent destruction order in respect of a dog involved in a section 3(1) offence. This means that the court may order the destruction of the dog if the owner fails to keep it under proper control in the future.

The order can also specify measures to be taken to keep the dog under proper control such as muzzling it, keeping it on a lead, or excluding it from specified places. The order can also require a male unneutered dog to be neutered, if the court is of the opinion it would make it less dangerous.

Further reading:

- CPS guidance of dangerous dog offences.