Canine Law - Information Guide for dog owners.

Dog Law - Protection of Livestock:

Dogs (Protection of Livestock) Act 1953

This Act deals with criminal liability. A dog’s owner and any other person, who is in charge of the dog at the time, will be guilty of an offence if the dog worries livestock on any agricultural land.

The definition of ‘livestock’ includes cattle, sheep, goats, swine, horses and poultry (domestic fowls, turkeys, geese or ducks).

Worrying livestock means;

• a) attacking livestock or

• b) chasing livestock in such a way as may reasonably be expected to cause injury or suffering, or in the case of female livestock – abortion or loss of or diminution in their produce,

• c) being at large (that is to say not on a lead or otherwise under close control) in a field or enclosure In which there are sheep.

Subsection 2c does not apply to a dog owned by, or in the charge of, the occupier of the field or enclosure or the owner of the sheep or a person authorised by either.

Police dogs, guide dogs, trained sheep dogs, working gun dogs and a pack of hounds are all exempt.

If at the time of the worrying, the livestock were trespassing and the dog is owned by, or in charge of, the occupier of that land (or a person authorised by the occupier) and the person did not cause the dog to attack the livestock, an offence is not committed.

The owner also has a defence if at the relevant time the dog was in charge of someone else who it was reasonably believed was a fit and proper person.

Under this Act, if a dog is found on any land and a police officer has reasonable cause to believe that the dog has been worrying livestock on that land, which appears to be agricultural land and, no person who admits to being the owner or in charge of the dog is present, then the police officer may seize the dog and detain it for the purpose of ascertaining who the owner is, until the owner claims the dog and pays all expenses incurred due to detention.

On obtaining a warrant the police are able to enter and search private premises in order to identify a dog.

Under Section 3 of the Animals Act 1971 (civil liability), where a dog causes damage by killing or injuring livestock, any person who is the keeper of the dog is liable for the damage, except as otherwise provided by this Act (Section 5. refers to exceptions from liability).

Section 9 of the Animals Act 1971, refers to the owner of livestock who kills or injures a dog worrying or about to worry livestock, when there are no other reasonable means of ending or preventing the worrying or where the dog that has been worrying has not left the vicinity, is not under the control of any person and there are no practicable means of ascertaining ownership.

Under the 1971 Animals Act the definition of ‘livestock’ is widened and also includes deer not in the wild state and pheasants, partridges and grouse if in captivity.

Dogs (Protection of Livestock) Act 1953

Animals Act 1971

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