LEGAL BEAGLE – THE SERIOUS SECTION
DANGEROUS DOGS ON PRIVATE PROPERTY
By Max the Weimaraner
I may look dangerous, but I’m just letting off steam.
Some recent important legal changes mean that it is a criminal offence for a dog to be “dangerously out of control in any place”. Apparently, the aim of the changes are to:
- protect people who regularly visit homes with dogs, particularly those providing essential services (such as health, utility and delivery/postal workers) and
- encourage responsible dog ownership and
- ultimately reduce the number of dog attacks
I’d like to examine what this means for you and your dog and what steps you can take to minimise any issues.
Dangerous?
Any dog will be considered dangerous under this piece of legislation (section 3(1) of the Dangerous Dogs Act 1991, as amended by the Anti-Social Behaviour, Crime and Policing Act 2014) if there is a reasonable apprehension that the dog will injure any person or assistance dog (such as a guide dog). This is irrespective of whether or not the dog actually does cause any injury or harm. So you could commit a crime if someone is worried that your dog might injure them (or their assistance dog), regardless of whether anything actually does happen.
If your dog does cause any injury (to a person or assistance dog) then the offence will be regarded as aggravated and if you deliberately instruct or “use” your dog to cause any injury then you commit an offence of “malicious wounding”. Of course the most serious offence occurs if your dog actually kills someone.
Private Property?
The law now applies both in public and private places so that includes your own home and garden.
One of the few exceptions when the law may not apply is if your dog attacks an intruder, such as a burglar or trespasser, in your own home. However, it is unlikely that this exception will extend to your garden so, if the trespasser is bitten by your dog whilst they are in the garden, ironically you may find yourself committing a criminal offence too. Having said this, this law is relatively recent and we will have to wait for the courts to decide just what is and is not acceptable as the law in England and Wales develops both using the written legislation and case law determined by the courts.
You may also be committing an offence if you allow your dog to go into a place where it is not supposed to go. This is particularly important for those of us who use dog walking services.
Who could be guilty of an offence?
The law applies to both the
- dog owner
- anyone who has the dog under their care at the time of the offence
So, if an incident occurs when your friend takes your dog for a walk, both of you could commit a criminal offence, although you, as an owner, may have a defence if you can prove that you believed your friend was a “fit and proper person” to be in control of your dog.
Max’s Practical Steps
Whilst I think that this law takes things too far (a dog’s home is his castle), I can see that there may be some people who are not as cautious as my family when it comes to taking care. However, irrespective of whether you agree with this law it is something that you have to bear in mind, so here are some tips for you and your dog:
(1) Securing your home
You will need to ensure that your home and garden area are secure. This means that your dog must be “under control” if anyone visits. If you have a rear garden I suggest that you completely fence that off (with an appropriately high and sturdy fence or wall) so that you can only get into the back garden from the house and visitors have to use the front door. This way, your dog can spend time in the garden without you worrying about what could happen.
(2) Answering the door
Most dogs will bark when someone rings the bell or knocks on your door – it’s just what we do to let you know someone is there. It’s your job to ensure that when you answer the door you secure your dog away from the door – for example, if your front door is in the hall, secure your dog in a room. If you have a dog like me, who can open a door by using the handle, you will need to take this into account to make sure that we can’t!
(3) Greetings
We dogs (even well trained ones) like to jump up to greet visitors – we’re just being friendly. The law means that whilst this may not be an issue with frequent visitors who are used to and happy with our exuberant greetings, a stranger may be “worried” for their safety so you must take steps to ensure that this does not happen.
Most of us respond to training so that is one option. Alternatively we’re happy left in another room whilst you deal with the humans who need your support.
(4) Insurance
I know that humans like insurance and, having studied insurance policies which cover buildings and/or contents, they often come with legal protection. This means that if the worst does happen you will get help with legal fees so you can instruct a lawyer to assist you.
What happens to your dog if something happens?
Irrespective of the actual offence, if the offence/attack is more serious, initially the police will usually seize and retain your dog. Once the case gets to court, the court will either
- allow the dog to return home, but only on the basis that control measures are implemented (for example, your dog is muzzled, and/or must always be on a lead when anywhere in public even those places where dogs can run free) or
- make an order that your dog is destroyed
Penalties – what happens to you?
The way I see it, we dogs lose out here too because we could end up being separated, for example:
- You may be banned from keeping a dog for either a specified period of time or forever
- If your dog is regarded as dangerous you could be fined up to £20,000 and/or imprisoned for up to 6 months
- An aggravated offence could mean a fine and/or imprisonment for up to 5 years
- Hurting a guide dog could mean a fine and/or imprisonment for up to 3 years
There will be dogs out there that could be classed as dangerous dogs even as puppies unless this legislation is applied with common sense.
Be safe!
Max
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