Before law changes in 1997, following a conviction under Section 3 of the Dangerous Dogs Act 1991, it was mandatory for a dog to be destroyed if it had injured someone. Thankfully, changes brought into effect by the Dangerous Dogs (Amendment) Act 1997 changed this so that, in relevant cases, it became a presumption in favour of destruction rather than it being imposed automatically on conviction.

This kind of case is still very worrying for any dog owner, but it is no longer as clear-cut as it once was.

Did you know that our Trevor Cooper was a member of the Dangerous Dogs Act Reform Group which pressed for these law changes in 1997. Trevor also gave oral evidence on the proposals to the Home Affairs Select Committee at the Houses of Parliament.

This blog gives you an indication of what could happen to your dog if there is a dog bite incident.

What is the potential offence?

Under Section 3 of the Dangerous Dogs Act 1991 it is a criminal offence for a dog to be dangerously out of control. This applies to:-

• The owner, and
• (If different) the person for the time being in charge of the dog

If the dog actually injures, it is regarded as the aggravated version of the offence and on conviction it gives rise to a presumption in favour of destruction.

Does every dog bite incident end up in a criminal Court?

Not necessarily, because even where an aggravated offence is being investigated by the Police, not every case will end up in Court. Sometimes, the Police may choose to offer a Community Resolution. This is an acceptance that an offence has been committed but conditions are agreed about the future control of the dog without it going to Court. Bear in mind that even a Community Resolution can have serious consequences and so you should take advice before accepting it.

What happens if a person is convicted?
If a person is convicted of an aggravated offence under Section 3 of the Dangerous Dogs Act 1991, the Court must consider whether the dog poses a danger to public safety. The burden of proof is on the dog’s owner to prove on the balance of probabilities that the dog would not constitute a danger to public safety. This requires the Court to take into account:-
• the temperament of the dog (including its past behaviour), and
• whether the owner is a fit and proper person to have charge of the dog,
and they may take into account any other relevant circumstances.

Even if someone else had control of the dog at the time of the incident and they are the ones being charged with an offence, the outcome of the case may still have serious consequences for the dog. The owner therefore is likely to have a right to be heard if the Defendant is convicted, when deciding what orders to place on the dog.

Can the Court impose conditions instead of destroying the dog?

The Court will consider whether conditions could reduce the likelihood of repetition and, if so, may impose them by way of a Contingent Destruction Order ie a requirement that unless the dog is kept under proper control that it shall be destroyed. Common conditions include that the dog be muzzled and on a lead when in a public place.

When is a dog more likely to be destroyed?

Every case turns on its own individual facts but some or all of the following may be deemed relevant when the Court is considering whether there is a continuing risk to public safety.

• If the injuries were serious
• The victim was a child or vulnerable person
• The dog has shown aggression previously
• There is evidence that the owner has failed to take precautions
• The dog is deemed to be a continuing danger
• The owner is uncooperative

Cases involving dog bite incidents range from very minor incidents of a dog making a person fearing injury, to actual serious harm and in rare cases fatalities. When sentencing the offender, Courts will particularly have regard to the degree of harm and the degree of culpability. But when it comes to decisions on the dog, the Court will primarily be considering public safety.

So if you’re in this situation, you will need to consider what steps you can take to ensure that the incident cannot be repeated. You should collate character references for you and your dog, and in many cases you may benefit from having your dog independently assessed by a dog behaviourist.

Trevor Cooper
Solicitor

 

How we can help

If you need specialist legal advice in relation to your dog (or cat), please call us at Cooper & Co Solicitors on our landline number of 01227 20 33 20 during normal office hours.  Subject to a conflict check, we can usually offer a fixed fee telephone call for £75 + VAT for up to 20 minutes.

DISCLAIMER

This blog is provided for general information and does not constitute legal advice.  You should always seek tailored advice from a suitably qualified and experienced lawyer.  We do not sell insurance nor do we recommend any particular insurance provider or policy.

Cooper & Co Solicitors, 19 Palace Street, Canterbury, CT1 2DZ.

Tel : 01227 20 33 20
Email : admin@doglaw.co.uk 
Website : www.doglaw.co.uk

Regulated & authorised by the Solicitors Regulation Authority | SRA 258139