Dangerous Dogs : Section 2 Dogs Act 1871

If you have received a summons to attend at a Magistrates' Court for a case under Section 2 of the Dogs Act 1871 please click here and email us with the details. We will phone you as soon as possible and provide you with preliminary legal advice. This is a FREE service.

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.

If you would like to look at the legislation click here.