Dangerous Dogs

The following provisions apply to certain dogs kept for fighting. It applies to pit bull terriers; Japanese tosa; and other dogs designated for the purpose as being bred for fighting and having characteristics of such a type of breed.

No person shall breed, or breed from, a dog to which the provision applies. No person shall sell or exchange such a dog, offer, expose it for sale or exchange; make or offer to make a gift of such dog, expose a dog as a gift; cause or permit such a dog of which he is the keeper and/or of which he is for the time being in charge in a public place unless he is muzzled and on a lead; or abandon such a dog of which he is the keeper or, is in charge of or permit it to stray.

No person shall have a dog to which this provision applies in his possession or custody except in pursuance of a power of seizure or in accordance with an order for its destruction. A Department may by order make a scheme for the payment to the keepers of such dogs who arrange for them to be destroyed before the initial date to be compensated (1991).

The Department may, by order, provide that the above prohibition shall not apply in such cases and subject to such conditions as are specified and may make a scheme of exemption containing arrangements, including payment of fees, as the Department determines.

A person who contravenes this provision is guilty of an offence, subject on summary conviction to imprisonment for up to six months or to a fine on level 5 or both.

The Department may, if it determines that dogs other than those above, present a serious danger to the public, it may by order impose similar types of restrictions and obligations as above subject to such modifications as it determines.

The order may provide for exemptions from restrictions which may be subject to compliance with such conditions as are specified. The Department in making such an order is to consult with appropriate bodies or persons having relevant knowledge or experience, including bodies concerned with animal welfare, veterinary science, and dog breeding.

There is provision for seizure of dangerous dogs. A dog which appears to be a dog in the above category, which is in a public place, any dog in a public place which appears to him to be a dog to which the second type of order applies and in respect of which an offence is being committed; or any dog in a public place which appears to an officer to be attacking a person may be seized.

If a resident magistrate is satisfied by a complaint on oath that there are reasonable grounds for believing that an offence has been or is being committed; or that evidence of the commission of an offence may be found, he may issue a warrant authorising entry onto premises, search and seizure of a dog or anything found there which is evidence of the commission of the offence.

Where a dog is one of the above categories of dangerous dog, the resident magistrate will order unless the dog is exempted to be destroyed within two months. In other cases, he may order the destruction of a dog and shall do so unless he is satisfied the dog is not a danger to the public.

A person shall not use or permit the use of a guard dog unless a notice of warning that a guard dog is present is clearly exhibited at the entrance to the place. Breach is an offence subject to summary conviction to a fine of up to £200.

The Department may by order prohibit the use of a guard dog at a place unless a person who is capable of controlling the dog is present. It may make provision for the control to be exercised over a guard dog while it is being used as such.

A person who sets any dog on any person or livestock or urges a dog to attack a person or worry livestock in any public place is guilty of an offence. He may be subject on summary conviction to a fine of up to £500. This does not apply to dogs used for police purposes; or such other purposes as the Department may specify.

If a dog worries livestock, the keeper of the dog or other person in whose charge it is is guilty of an offence, subject on summary conviction to a fine of up to £200.

If a dog attacks any person, the keeper of the dog or person who is in charge is guilty of an offence. If the attack takes place in a public place or another place where the dog is not permitted to be and the dog injures the person attacked, an aggravated offence.

A person guilty of an offence other than an aggravated offence is subject to imprisonment for a term of up to six months and a fine on level 5 scale. A person guilty of an aggravated offence may be subject to imprisonment up to six months or a fine not exceeding the statutory maximum or both; or on conviction on indictment, imprisonment up to two years or a fine or both.

Except where a person causes a dog to attack some other person or to worry livestock, he is not guilty of an offence by reason of anything done by the dog, if at the material time, the other person or the livestock are trespassing on land occupied by that person and the dog is kept or is in the charge of an occupier of the land; or a person authorised by him to remove that other person or the livestock from the land.It is a defence for the keeper of the dog if he proves that the dog was in the charge of some other person whom he reasonably believed to be a fit and proper person to be in charge of a dog.

It is a defence to an action against a person to recover damages in respect of any charge arising out of shooting a dog where the person has proof that the dog was worrying or about to worry livestock and there is no other reasonable means of fending or preventing that worrying or that the dog had been worrying livestock and had not left the vicinity and was not in charge of a person and there were no practical means of ascertaining to whom he belonged.

The above has been satisfied, if the person believed he was satisfied and had reasonable grounds for his belief.

The above was not a defence unless he proves that the land on which the livestock was, occupied by him or by a person whose authority he had, including a highway or was land including a highway or public park contiguous to his land and within 48 hours of the shooting, he gives notice to the police at the nearest police station.

Regulations to muzzling of dogs and keeping of dogs on a lead. They may prescribe the wearing of a collar with a name and address and keeper inscribed. They may prescribe other means for identification.

They may prescribe and regulate wearing by dogs of disks or other means of licence identification attached to a collar. They may make provision for the issue of licence identification by the council. Persons contravening regulations are guilty of an offence, subject to a fine on summary conviction of up to £200.

Where it appears to a court that a dog has attacked any person or worried livestock, the court shall unless having taken account of the circumstances that mitigating factors exist, direct that the dog be destroyed or make an order directing that the dog be destroyed unless measures are taken to prevent it being a danger to the public or livestock.

Measures may include securing a muzzle to prevent the dog biting any person, keeping it confined, excluding it from specified places or having it neutered. The Department may prescribe particular types of muzzle.

Where a person is convicted of certain offences above relating to dangerous dogs, or dog attacks, he may be disqualified from keeping a dog. He may apply to have the disqualification lifted after 12 months. Keeping a dog in contravention of an order is a summary offence, which he is subject to summary conviction of a fine not exceeding level 5.