Section 3(1) Dangerous Dogs Act 1991
This part of the Dangerous Dogs Act applies to every single dog in England & Wales, no matter whether it is a pure bred dog, cross or a mongrel and regardless of its size.
This is a criminal offence which can be brought against the owner of a dog (and if different the person in charge of a dog) if a dog is:
dangerously out of control
in a public place
'Dangerously out of control' is defined as being 'on any occasion on which there are grounds for reasonable apprehension that it will injure any person'. Generally, if a dog bites someone then it will be presumed to have been dangerously out of control.
'Public place' is defined as including any place 'to which the public have or are permitted to have access'.
The Police have the discretionary power to seize a dog (although they may need a warrant) but there is no provision for 'bail' for the dog pending a conclusion at Court.
If injury is caused to a person, then there is a presumption in favour of destruction of the dog unless the owner can prove that the dog would not constitute a danger to public safety. If the Court can be persuaded not to impose destruction, then the alternative is a Contingent Destruction Order ie. a requirement that unless the dog is kept under proper control then it shall be destroyed. The Court has the power to impose conditions to such an order.
For the owner and/or person in charge of the dog at the time of the incident the Court has the power to impose a prison sentence as well as a ban on keeping dogs. However, this is very rare and the more likely outcome is financial ie. a fine, compensation and costs.
There is a separate charge (in Section 3(3)) which can be brought against an owner (or person in charge) if the incident occurs in a non-public place, where the dog is not permitted to be.
Section 2 Dogs Act 1871
This is a civil complaint, although as it is heard in a Magistrates' Court, it is often (wrongly) said to be criminal. It occurs if a dog is not kept under proper control and is dangerous. Generally is dog is regarded as not being under proper control if it is neither on a lead nor muzzled.
Unlike Section 3 of the Dangerous Dogs Act 1991:
it applies regardless of where the incident takes place
proceedings can only be brought against the owner
a dog can show itself to be dangerous in its general behaviour, not just its behaviour towards a person
a single incident is generally insufficient to prove that a dog is dangerous, unless the Court believes that the single incident is exceptional
there is no presumption in favour of destruction of the dog
the Police have no power to seize a dog pending proceedings
the Court has no power to fine or order compensation
The Court has unfettered discretion on what to do to the dog. They may order destruction of the dog but such orders are very rare. The alternative is a Control Order (with or without conditions) and the owner will probably have to pay costs.
Unlawful Dogs
Section 1 Dangerous Wild Animals Act 1976
It is a criminal offence to possess certain wild animals unless you have a licence granted by a local authority. A wolf crossed with a dog would be an example of such an animal.
Animal Welfare Act 2006
This Act came into force in England on 6th April 2007 and in Wales on 28th March 2007. It is very wide in scope and replaces the Protection of Animals Act 1911. In summary:-
Cruelty (s4)
Unnecessary suffering is defined in Section 4(3) as including when suffering could have reasonably been avoided or reduced, and whether the conduct was that of a reasonably competent and humane person. You can commit an offence if you cause unnecessary suffering by an act (or failure to act) or if you permit someone else to.
Duty of Care (s9)
You commit an offence if you don't take 'such steps as are reasonable in all the circumstances to ensure that the needs of an animal' for which you are responsible' are met to the extent required by good practice. You are responsible for an animal if you are the owner, in charge of it, a parent or guardian of someone under 16 who is responsible for it. You may be responsible on a temporary basis (eg looking after a friend's animal) An animals needs include:-
Suitable environment
Suitable diet
Need to exhibit normal behaviour patterns
To be housed with, or apart from, other animals
Protected from pain, suffering, injury and disease
As an alternative to prosecution, if it is believed you have failed this duty you may be served an Improvement Notice (s10) to require you to steps that you must take within a specified period.
Dog fighting (s8)
There's a range of offences (which apply to any animal fighting), which include:-
Causing a fight
Receiving money for admission to a fight
Publicising a fight
Makes or accepts a bet on a fight
Supply, publish or show a recording of a fight
Tail Docking (s6)
Under the Veterinary Surgeons Act 1966 ONLY a vet can dock a dog's tail. It is now an offence to remove a dog's tail (or cause or permit it to be removed) other than for medical treatment. This ban doesn't apply if:-
The dog is less than 5 days old
It is certified by a vet to be of a certain type (hunt point retrieve breeds, spaniels or terriers or any type or combination of types)
It is certified by a vet that he has seen evidence that the dog will be used for specified work (law enforcement, armed forces, emergency rescue, lawful pest control or lawful shooting of animals) (see the Docking of Working Dogs' Tails England Regulations 2007, regulation 3(2)(c).
The owner has 3 months to get a lawfully docked dog microchipped or an offence is committed.
It is an offence to show a dog at an event (in England or Wales) where members of the public are admitted on payment of a fee where the dog's tail has been removed after the cut off date. (Regardless of where the tail has been docked). This doesn't apply if the dog is 'demonstrating its working ability'
Sale of Dogs (s11)
It is an offence to sell a dog to someone you have 'reasonable cause to believe' is under 16
Promoting welfare (s12)
The government has the power (after consultation) to make regulations for the purpose of promoting the welfare of animals, breach of which is an offence
Code of Practice (s14)
The government has the power (after consultation) to make Codes of Practice to provide practical guidance on how to ensure an animal's welfare needs are met. Breach is not an offence, but it can be taken into account in deciding if there's a breach of Section 12. For dogs, these are currently due to be issued by 2008.
Noise Nuisance
Whilst dogs are allowed to bark, they are not allowed to bark so that it causes a nuisance. It is a matter of fact and degree in each case and factors that may be taken into account include the volume, duration of the barking and the time of day it happens.
If a complaint is made to a Council, they have a duty to investigate it. The Council may serve a Noise Abatement Notice and if the barking continues then they may prosecute under the Environmental Protection Act 1990. The likely penalty is a fine.
The neighbour may also take action themselves.
Stray Dogs
The finder of a stray dog must forthwith return it to its owner (if known), or take it to the local Police or Council (although soon it will only be the Council that will receive stray dogs).
The loser of a dog should notify the local Police and the Council immediately and should keep in regular contact.
If after 7 days the owner of a stray dog has not come forward, then the Council (or the Police) may transfer the dog to someone else, and the original owner's claim to the dog is likely to come to an end.
Dog Control Orders (DCO's)
These laws come from the Clean Neighbourhoods and Environment Act 2005, and give Councils the power to make orders regarding dogs in their area. They are called dog control orders (DCO's). The power to make such an order is contained in Section 55(1) of the Act, and it enables them to be made by primary or secondary authorities ie. not just district councils (primary) but also by parish councils (secondary).
Five offences may be prescribed in a DCO:-
failing to remove dog faeces
not keeping a dog on a lead (the length can be specified)
not putting and keeping, a dog on a lead when directed to do so by an authorised officer (again, the length can be specified)
permitting a dog to enter land from which dogs are excluded
taking more than a specified number of dogs onto land
The penalty for an offence is a fine of up to £1,000 OR a fixed penalty may be offered as an alternative.
There must be consultation undertaken before a DCO is made and the publicising of a DCO after it has been made. A notice must be published in a local newspaper circulating in the area and invite representations and at least 28 days must be given for replies. If an order is actually made, another notice must be published in a local newspaper giving at least 7 days notice of the DCO coming into force. It should also be on the Council's website (if they have one).
'Where practicable' signs must be placed giving a summary of the DCO.
In common with the pre-existing dog-fouling regime, a DCO can only apply to land which is open to the air (on at least one side) eg. Bus shelter; and to which the public are entitled or permitted to have access. However, the restrictions in the Dogs (Fouling of Land) Act 1996 do not apply to DCO's.
An officer of a secondary authority can issue a fixed penalty notice in his area for the breach of a DCO made by the primary authority.
The offences don't apply to working dogs or guide dogs "where appropriate"
There are defences to the offences:-
having a reasonable excuse for failing to comply with an order NB being unaware of a dog's defecation, or not having a device or other suitable means of removing the faeces is not a reasonable excuse for failing to comply with the order), or
acting with the consent of the owner or occupier of the land, or of any other person or authority which has control of the land
Disclaimer
This information has been obtained via the internet and is available to the public. This list is not exhausted and I am not responsible for its accuracy.