Canine Law - Information Guide for dog owners.

Dog Law - Dogs Act 1871:

Dogs Act 1871 Section 2:

This is a civil (not criminal) complaint-although heard at a Magistrates’ Court, it therefore operates on a lower standard of proof - on a balance of probabilities It is important to note that the Act can be applied to both public and private places.

Civil proceedings, commenced by way of complaint, can be taken by the police, local authority or individual members of the public.

A complaint can be made to the Magistrates’ Court that a dog is dangerous, and not kept under proper control. It is the dog’s owner who is proceeded against (as opposed to someone in charge of the dog at the time).

If it appears to the court that the dog is dangerous, the court may make an order directing the dog be kept under proper control by the owner, or destroyed.  

There is no presumption In favour of destruction of the dog.

Here the question before the court is - is the dog dangerous?

The court can look at the dog’s general disposition, they may consider evidence including character evidence from a behaviourist who has examined your dog, your vet, neighbours, friends & family etc. If the dog has behaved dangerously on one occasion only - there might be a defence in that the incident is not sufficiently exceptional to prove that the dog has a dangerous disposition or character.

Magistrates’ can make an order in any circumstances where they find a dog to be dangerous, they have discretion when deciding what to do.

The High Court (England & Wales QBD) ruling of Briscoe v Shattock in October 1998 held that a dog could be considered ‘dangerous’ and ‘not kept under proper control’ as defined by Section 2 of the Dogs Act 1871, when the only danger shown was to other dogs, not to humans.

The Dangerous Dogs Act 1989 allows for appeals to the Crown Court against any Dogs Act 1871 s.2 order. It also gives additional powers to the magistrates under the Dogs Act 1871, provides enforcement provisions for any breaches of any control order imposed under the 1871 Act and allows a Magistrate to disqualify an owner from having custody of a dog.

Section 3(5)(b) of the Dangerous Dogs Act 1991 enables magistrates, to make an order under the 1871 Act, to specify the measures to be taken for keeping a dog under proper control  – including muzzling, keeping on a lead and exclusion from specific places. An order to neuter a male dog can be made if it appears that the dog would be less dangerous if neutered.

The Court has no power to fine or order compensation, the owner if found guilty may have to pay costs. The applicant risks costs being awarded against him/her if failed.

The Police do not have powers under this Act to seize and detain a dog pending a legal hearing.

There is a time limit for proceedings - which must be laid at the Court within 6 months from the incident.

Legislation:

Dogs Act 1871

Dangerous Dogs Act 1989

See Legal Judgments for further definitions.

The information contained here does not constitute legal advice in and of itself. You must contact a Solicitor for advice before acting upon anything that you read on this web site.

For help with finding a solicitor who has experience with canine legislation - please contact us.

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