Dog Law Solicitors

Dog Law Solicitors

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Reeds Solicitors represent owners (and their dogs!) in courts all over England and Wales. Our Dog Law Solicitors are experienced in the complex law surrounding dogs and other animals.

The law governing ‘man’s best friend’ is extensive. With more than 35 Acts of Parliament applying to our canine friends it is easy for a dog to get you into trouble. This law covers the ownership of pets and assistance dogs, nuisance and noise, as well as “dangerous dogs”.

So integral to our lives is man’s best friend that it is all too easy to be complacent and most people never take the time to consider the abundance of law which they can fall foul of. This ranges to everything from dogs in public places, on roads, identification, breeding, selling, boarding and animal welfare.

Many of these pieces of legislation create offences which are more serious than most realise and can carry a custodial sentence.

For example, the offence of being the owner or in charge of a dog which is dangerously out of control in a public place when that dog causes injury to another person or assistance dog can carry a sentence of up to 5 years imprisonment. It is scary enough for our human clients to contemplate a custodial sentence, but for our canine clients, the starting point for this offence is for them to be put to sleep.

Dog law is incredibly complex and many solicitors do not understand the intricacies of it. It is, therefore, essential to consult a solicitor who specialises in this area to ensure the best outcome for you and your dog.

Services we provide include:

Obtaining legal advice at an early stage is crucial. In some cases it can mean the difference between life and death for your beloved dog. If you would like to discuss any aspect of your case, please contact us through our contact page here. Alternatively you can phone 0333 240 7373, or email us at info@reeds.co.uk. Reeds Solicitors is an award winning and leading top-tier criminal defence firm.

Dogs Dangerously Out of Control under the Dangerous Dogs Act 1991

Under section 3 of the dangerous dogs act 1991, it is against the law to allow a dog to be ‘dangerously out of control’ anywhere. This includes public places, private places (e.g. a neighbour’s house) or in the owner’s own home.

A dog maybe considered dangerously out of control if the dog:

  • Injures an assistance animal or person
  • Someone is worried that it may injure them
  • An animal owner believes they will be injured if they stopped your dog from injuring their animal (pet or livestock).

In addition to this, a farmer holds the right to kill your dog if it is worrying their livestock.

An owner or person in charge of a dog commits this offence if the dog causes reasonable apprehension that a person may be injured by the dog. No actual injury needs to be sustained. There is also no requirement to prove criminal intent or recklessness to be liable for this offence. As such it is easy for a dog who has never behaved in a bad or ‘dangerous’ way before to be guilty of an offence.

Penalties for Dangerously out of Control Dogs

If no injury is sustained the case may be dealt with in the magistrates’ court only. The court may impose a maximum penalty of six months’ imprisonment and/or a fine of £5,000. You may be banned from owning a dog in the future and your dog may be destroyed.

An aggravated offence is where someone has been injured by your dog. Counter to the popular belief, this injury does not need to be a bite nor does it need to ‘draw blood’. A scratch or a bruise is enough to prove the offence was aggravated. These offences may be heard in the magistrates’ or crown court.

  • Injury to an assistance dog – Allowing your dog to injure a guide dog can impose 3 years in prison and a fine.
  • Injury to a person – If your dog injures someone the conviction can be increased to 5 years in prison. If it is proved that you deliberately used your dog to injure someone, or provoked an attack, you could be charged with malicious wounding.
  • Death of a person – If your dog has been allowed to kill someone you can be sent to prison for up to 14 years, and/or receive a fine of an unlimited amount.

When an aggravated offence has been committed the court must order the dog to be destroyed. Arguments can be made to satisfy the court that you are a suitable owner and the dog poses no further danger to the public. Usually expert advice from animal behaviourists will be required to provide evidence to satisfy the court. Our Dog Law Solicitors are able to liaise with the best animal behaviourists to help with this.

The Householder Defence for Dogs

There may be a defence available where the person injured was a trespasser who was inside (or partially inside) a property at the time of the incident. The injury to the trespasser could then be argued to have been sustained whilst the dog was using force to defend and protect themselves and their owners from an intruder.

Dogs Worrying Livestock

Under The Dogs (Protection of Livestock) Act 1953, an owner commits an offence if their dog attacks or chases livestock on agricultural land. This offence also covers dogs that are not on-lead in a field containing sheep.

The definition of agricultural land extends to covering allotments and orchards. If an owner of the dog cannot be identified, the police have the right to seize the dog. An offence of this nature is usually given the maximum penalty of a fine, however it is possible that additional proceedings may be placed which could result in criminal charges and a destruction order.

Dog Welfare – Animal Welfare Act 2006

It is an owner’s responsibility to ensure that all pets are properly looked after. According to the Animal Welfare Act 2006 owners and handlers must meet five ‘Welfare Needs’ to ensure that all domestic animals, pets, and livestock are looked after adequately.

  • The need to be provided with a diet suitable to the animal in question
  • The need to be kept in a suitable environment that serves the animal’s needs
  • The need to be kept in an environment where they are free to display their natural behavioural patterns
  • The need to be kept with or apart from other animals (i.e. the need to be kept in pairs for certain animal social needs)
  • The need to be adequately protected from pain, suffering, injury, and disease

If you fail to look after your dog properly you can face prosecution. Being found guilty of an offence to animal welfare can impose an unlimited fine and/or six months in prison. Someone found guilty may also have any animals confiscated and a lifelong ban on owning animals in the future.

The Animal Welfare Act 2006 also covers:

  • Prohibited Procedures, such as:
    • Tail Docking
    • Ear Cropping
  • Allowing an animal to be used in an illegal way, such as Dog Fighting
  • Poisoning a protected animal
  • Animal Cruelty or Neglect
  • Causing unnecessary suffering, or allowing it to be caused, to any animal.

It is common for false accusations to be made under animal cruelty, due to well-meaning members of the public.

How Can Reeds’ Dog Law Solicitors Help?

Reeds Solicitors is an award winning and leading top-tier criminal defence firm. Dog law is incredibly complex and many solicitors do not understand the intricacies of it. It is, therefore, essential to consult a solicitor who specialises in this area to ensure the best outcome for you and your dog. We have solicitors experienced in all aspects of dog law that can help you and ensure you receive the best advice, no matter the situation.

To contact our Dog Law Solicitors for legal advice and representation, please contact them through our contact page here. Alternatively you can phone 0333 240 7373, or email us at info@reeds.co.uk.

 

Jennifer Kabala - Reeds Solicitors
Jenny Kabała

Associate Solicitor

Meet the team
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Possession of a Prohibited Dog under the Dangerous Dogs Act 1991

Under section 1 of the Dangerous Dogs Act, it is illegal to possess any prohibited breed or ‘type’ of dog. The following types of dog are considered prohibited:

  • Japanese Tosa
  • Fila Braziliero
  • Dogo Argentino
  • Pit Bull Terrier

It is important to note that the dog does not have to be proven to be the specific ‘breed’ prohibited. Should your dog share a significant number of the characteristics of the prohibited breed, or resemble them in some way, the dog will be considered a prohibited dog – regardless of its breeding.

For example, from experience, a dog which is a cross between a Staffordshire Bull Terrier and a Mastiff, when seen by Police, may be considered to have sufficient characteristics to be classed as a prohibited breed. Furthermore, and again from personal experience, if a litter of puppies were assessed, some may be classed as banned breeds whilst others may not, in spite of sharing the same parentage.

There is no requirement for the owner of a prohibited type dog to have been aware that the animal was prohibited. In fact, many owners are entirely unaware that their dog may well be a prohibited type.

If it is decided that your dog is not a danger to the public despite it being prohibited, it may be put on the Index of Exempted Dogs. You will be given a Certificate of Exemption from DEFRA, valid for the life of the dog. Reeds’ Dog Law Solicitors can assist you in the process of acquiring exempted status for your dog.

To comply with this exemption your dog must be:

  • Neutered
  • Microchipped
  • Kept on a lead and muzzled at all times when in public
  • Kept in a secure place so it cannot escape

As an owner you will need to:

  • Take out third-party insurance against the possibility of your dog injuring other people
  • Be aged over 16 years of age
  • Let the Index of Exempted Dogs know if you change address, export the dog, or when your dog dies.
  • Live as the dog’s registered keeper for at least 30 days in any 12 months.
  • Show the Certificate of Exemption when asked by an authority (e.g. police officer or council warden)

If you do not have your certificate on you at the time of request, you may provide a copy within five days of the request. Failure to comply with any of these conditions could mean being prosecuted and your dog being seized.

Police can apply to the Magistrates Court for a destruction order, or a contingent one, without the owner being criminally prosecuted. a violation against section 4b means that an owner may avoid a criminal record. It is usually used when an owner accepts their dog is a prohibited type, and the police consider the owner to be a fit and proper person and the dog appears to be friendly.

As no criminal charges are progressed under this violation, a dog owner does not have access to finance through Legal Aid. This can be an issue for those faced with a charge.

Whilst it is an offence to own a prohibited dog type in the UK, it is not illegal to import them into the country. As such it can be easy for dog owners sending their dog to the UK to breach the law on possessing a prohibited dog. Reeds’ Dog Law Solicitors are able to advice and assist you in the importation of dogs which may come under the prohibited dog laws.

Our solicitors can instruct dog identification experts and canine behaviourists to classify your dog, or help you apply for a certificate of exemption.

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FAQ

The police can remove the dog and keep it even if the dog hasn’t acted dangerously or received a complaint against it.

The police can take your dog if they are in a public place without a warrant. If the dog is in a private place (e.g. the owner’s home) the police will need a warrant before seizing your dog. If the police have a warrant for something else to enter your property (such as a drugs search), they can seize your dog.

A police or council dog expert will consider whether your dog falls into the prohibited dog types or whether it poses a danger to the public.

Whilst, in theory, dog wardens can be granted authority by the council for the area to deal with dangerous or banned breed dogs, in practice, the vast majority do not have the authority to deal with such matters and so they refer cases involving banned breed or dangerous dogs to the police for action.

It is the responsibility of the owner to prove that the dog is not a banned type. If you prove this the dog will be returned to you under order of the court. If you cannot prove that the dog isn’t of a banned type, or you plead guilty, you will be convicted. The maximum penalty for owning a prohibited dog type is £5,000 fine and/or 6months in prison. Further to this the dog will receive a destruction order unless the court is satisfied that the dog is not a danger to public safety.

The court should take into account the relevant circumstances and these must include:

  • The temperament of the dog and its past behaviour; and
  • Whether the owner of the dog, or the person for the time being in charge of the dog, is a fit and proper person to be in charge of the dog.

The court may also consider other relevant circumstances.

If the court is satisfied that the dog does not constitute a danger to public safety, they will make a contingent destruction order. This is effectively like a ‘doggy’ suspended sentence and means that you will have to adhere to certain conditions for the remainder of the dog’s life unless a court says otherwise.

Those with a dog that falls under the prohibited dog breeds can be granted a certificate of exemption under the contingent destruction order. It is important to ensure that the conditions of the contingent destruction order are complied with at all times.

If a court decides that you own a prohibited type of dog then a destruction order will be made. However, an argument can be made that you are a ‘fit and proper’ person to own a prohibited dog type and ensure that there is no posed danger to the public. If the court decides this, then a destruction order will be paused contingent on certain conditions and placed on the Index of Exempted Dogs.

If the owner of a registered prohibited dog (on the Index of Exempted Dogs) is unable to look after the dog it is possible to transfer the dog to a new keeper. Usually this happens if the previous owner dies or becomes too ill to care for the dog.

The application for a new keeper is made to the court. The court must be satisfied that the new keeper is a fit and proper person, and the dog poses no threat or risk to the public.

If the process of transference isn’t handled correctly, the dog will be placed under a destruction order. Reeds’ specialist Dog Law Solicitors can assist applications to the court for a change of keepership. Correct representation in court can be the difference between keeping and losing the dog.

For dogs which are not covered by a certificate of exemption or have lost their exempted status by a breach of conditions, there are few routes to appoint a new person as a registered keeper. In these circumstances, the owner or person in charge of the dog must apply to the court to become a registered keeper. Obtaining exempted status for the dog should be the first step in these circumstances.

Under Section 2 of the Dogs Act 1871 civil proceedings can be made against an owner who has a dog ‘not kept under proper control’ and dangerous in some way towards people or other animals.

As a Civil Proceeding, the court can order the owner to pay the costs of bringing the application to court. They can also impose a dog destruction order or order the dog to be kept under proper control. Proper control is meant as keeping the dog on a lead in public places.

It is possible for anyone to make the application, and proceedings are brought against the owner of the dog. An application must be made within six months of an incident and must be presented in the correct format.

It is possible for a solicitor to argue for their client to avoid criminal proceedings with civil proceedings under this category. This avoids the possibility of a criminal record for the dog owner. Please contact us to discuss your circumstances.