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www.defra.gov.uk Dangerous Dogs Law Guidance for Enforcers Department for Envir

www.defra.gov.uk Dangerous Dogs Law Guidance for Enforcers Department for Environment, Food and Rural Affairs Nobel House 17 Smith Square London SW1P 3JR Telephone: 020 7238 6000 Website: www.defra.gov.uk © Crown copyright 2009 Copyright in the typographical arrangement and design rests with the Crown. This publication (excluding the logo) may be reproduced free of charge in any format or medium provided that it is reproduced accurately and not used in a misleading context. The material must be acknowledged as Crown copyright with the title and source of the publication specified. This document is also available on the Defra website. Published by the Department for Environment, Food and Rural Affairs. Cover Image: Pit Bull type dog, photo courtesy of the RSPCA. PB13225 March 2009 1 Contents Guidance to Enforcers 2 General Guide 2 The Police 5 Local Authorities 7 Multi-Agency Approach 9 Annex 1 – The Main Acts 11 Dangerous Dogs Act 1991 (as amended 1997) 11 Dogs Act 1871 12 Animal Welfare Act 2006 12 Annex 2 – Identifying Pit Bull Terrier (PBT) types 14 Guidance to Enforcers 1 For further information about identifying Pit Bull Terriers please see Annex 2 which provides some general guidance 2 NB. Where a dog or dogs have been set on another animal if an owner of the animal or a bystander is in fear of their own safety this may be sufficient for seizure of the dog or dogs by the police and a prosecution under s3 of the DDA. 2 The purpose of this guidance is to assist police forces and local authorities in dealing with incidents brought to their attention involving dangerous dogs and allegations of people owning or breeding dogs prohibited under section 1 of the Dangerous Dogs Act 1991. It explains what the law is and assists each agency in defining their responsibilities and the areas where a joint approach would be advisable. The guidance has been prepared by Defra in partnership with the Association of Chief Police Officers (ACPO), representatives of local authorities and the RSPCA. In preparing the guidance we have drawn on the experience of several forces who have established proven policies and procedures through good practice and developing multi-agency agreements with local authorities and the RSPCA. General Guide The key legislation: This guide is intended to give a brief overview of the key pieces of legislation. For more detailed information, see the annex at the end of this document or the Home Office circulars listed at: http://www.defra.gov.uk/animalh/welfare/domestic/dogs.htm Dangerous Dogs Act 1991 (DDA) Prior to this legislation there were no criminal offences available to enforcers directly to protect people from injury, or fear of injury by dogs. Therefore it is vital to understand that the intention of Parliament was the protection of people. This Act is used to deal with the most serious incidents and generally it will be the police who instigate proceedings. Section 1 Section 1 prohibits the ownership of certain types of dogs, unless they are exempted on the Index of Exempt Dogs, and was intended to have a preventative effect. Prosecutions can be brought before a Court based on just the physical characteristics of the dog1 (i.e. what it looks like). In any incident dealing with a potential prohibited dog it may be worth contacting the Index of Exempted Dogs (IED) for advice and guidance at an early stage on 07000 783651 or 07721 036354 Section 3 Section 3 creates a criminal offence of allowing any dog (i.e. of any breed or type) to be dangerously out of control in a public place or a place to where it is not allowed. A dog can be regarded as being dangerously out of control on any occasion where it causes fear or apprehension to a person2 that it may injure them. Furthermore, if that dog does injure a person then the offence is aggravated. Legal action may be taken against the owner and/or the person in charge of the dog at the time. This section should only be used in the most serious incidents investigated by enforcers, and generally it would be the police that would instigate proceedings under this section, however local authorities are able to act under this legislation also. Guidance to Enforcers Dogs Act 1871 Although over 100 years old now this Act is possibly the most effective piece of dog control legislation available to enforcers. Civil proceedings are brought at a Magistrates’ Court and this can be done by the police, local authorities, or individual members of the public. This legislation should always be taken into consideration when enforcers are investigating any incidents relating to dogs or when concerns are raised over an allegation of irresponsible dog ownership. Furthermore, it can be particularly effective when dealing with attacks on other domestic pets or livestock. Section 2 Section 2 requires that the owner is brought before a Magistrates’ court on a complaint and if the Magistrate is satisfied that the complaint is justified they can make any order they feel appropriate to require the owner to ensure that the dog is kept under proper control or in extreme cases destroyed. Importantly this is regardless of whether the dog is in a private or public place. Note proceedings must be commenced by way of a complaint. Dangerous Dogs Act 1989 In addition to any civil order made under the 1871 Act, the 1989 Act allows a Magistrate to disqualify an owner from having custody of a dog for any period the Court thinks fit. The 1989 Act also provides enforcement provisions for breaches of any control order imposed on an individual under the 1871 Act. Metropolitan Police Act 1839 and Town Police Clauses Act 1847 These provide for offences for anyone to allow an unmuzzled ferocious3 dog to be at large4 (i.e. not under proper control in a public place) and attack, worry, or put in fear any person, horse or other animal in any thoroughfare or public place in the metropolitan police district5, or any street in a town6. Offences Against the Person Act 1861 This Act makes it an offence to maliciously wound or cause grievous bodily harm (GBH) to another with or without a weapon or instrument7. Section 47 also creates an offence of assault occasioning actual bodily harm (ABH). These offences should only be considered in the most extreme circumstances due to the severity of the penalties. With all prosecutions it is important that enforcement authorities share intelligence and information where possible and update each other on outcomes. 3 There is a distinction between a dangerous and ferocious dog Keddle v Payn [1964] 1 All ER 189 4 A dog on a lead is not at ‘large’ Ross v Evans [1959] 2 QB 79 5 S 54 Metropolitan Police Act 1839 6 S 28 Town Police Clauses Act 1847 7 Ss18 and 20 Offences Against the Person Act 1861 3 Guidance to Enforcers 4 No No No No No No No No No No No Is the dog a ‘pit bull’ type? Is the dog considered aggressive, dangerous or is there any concern for public safety or animal welfare? Will the owner sign the dog up to be registered under s4B (DDA) procedure? Full risk assessment by a DLO Are there any other offences under other dog or animal welfare legislation? Do not seize the dog but proceed by summons or complaint. You may also want to seek advice from the RSPCA. Leave the dog and proceed under s4B DDA Are police lawfully on premises (MDA/Theft Act/ warrant/etc)? Is the dog a ‘pit bull’ type? Has an offence under s3 of the DDA been committed? Is the dog a ‘pit bull’ type? Is it safe to leave the dog? Leave the dog and either prosecute under s3 DDA or via a complaint under s2 Dogs Act 1871 Obtain warrant under s5(2) DDA to seize dog and prosecute under DDA Is there any risk to public safety? No further action Is the dog in a ‘public place’? Proceed under s5(1) DDA S19 PACE Seize the dog and prosecute under the DDA Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No further action Flowchart – suggested considerations for dealing with ‘dangerous dog’ incidents Guidance to Enforcers The Police It is vital that every police service within the UK has a good, robust strategy and policy for dealing with dangerous dogs. The policy must include identifying secure kennels that can be contracted by police should it be necessary for a dangerous dog to be seized prior to any prosecution. Experience has shown that the costs to the police service can be considerable and therefore it is essential there is a standard operational procedure in place. The welfare of any dog seized is also a factor the police need to consider and they should note their duty to ensure the welfare of animals under their control (s9 of the Animal Welfare Act 2006). If procedures are not set in place to ensure that both the animal and the progression uploads/Litterature/ dogs-guide-enforcers.pdf