LEGAL

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:

1. dangerously out of control
2. 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.

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.