Many criminal cases involving dogs are dealt with in the Magistrates’ Court and do not involve a jury.  However, you may have seen in the media that recent Government proposals to reform jury trials and appeal rights have raised questions about whether Defendants may lose some of their current rights.

This blog explains how some dog-related criminal cases are currently dealt with, what the Government is proposing and why it may matter.

Jury trials and dog-related offences

Some offences under the Dangerous Dogs Act 1991 are classed as summary-only offences, which means they can only be tried in the Magistrates’ Court.  A significant exception is an aggravated offence under Section 3 of the Act.  An offence is regarded as aggravated when a dog has injured a person or assistance dog.  These offences are triable either way which means they can be tried either (a) in the Magistrates’ Court, or (b) before a Judge and jury in the Crown Court.

The current maximum sentence for an aggravated offence involving injury to a person is five years’ imprisonment (or three years if it involves an assistance dog). 

How a dog bite criminal case is currently dealt with

If the Defendant enters a not guilty plea at the Magistrates’ Court to a triable either way offence:-

1. The bench will decide if they want to send the case to Crown Court for a trial before a Judge and jury or if they are content to deal with it themselves. 
2. If the bench declines jurisdiction they will send the case for trial to the Crown Court.
3. If the bench accepts jurisdiction, the Defendant will then be given the final choice of election and may choose to have the trial before a Judge and jury at the Crown Court if they want to.

How things may change

Jury trials

Under the Government’s proposals, a Defendant would only retain the final choice of election to the Crown Court if the likely maximum sentence would be at least three years’ imprisonment.  Although in cases involving injury to a person does carry a maximum of five years’ imprisonment, in practise it means that fewer Defendants would be able to insist on a jury trial because many cases would not meet the proposed three year threshold.

Appeals

A lesser-known but potentially far-reaching aspect of the proposals concerns appeal rights.

Currently:-

• If a Defendant is tried and convicted at a Magistrates’ Court, they have an automatic right to appeal to the Crown Court against the conviction and/or sentence.
• If a Defendant has pleaded guilty at a Magistrates’ Court they have an automatic right to appeal to the Crown Court against the sentence.

The Government has proposed replacing this automatic right with a permission-based system, meaning that an offender would need leave to appeal. 

If implemented, this would represent a significant change affecting all criminal cases concluded in the Magistrates’ Court, not just dog-related cases.

What is the likelihood of change

Influential professional organisations, including The Bar Council and The Law Society are firmly against the proposals.  As matters stand at the time of writing this blog (13^th January 2026) no draft legislation has been laid before Parliament and the proposals remain subject to debate and scrutiny.

Whether these proposed changes do eventually become law remains uncertain.

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

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