Dangerous Dogs Law - Guidance

[TrueBlueTerrier]

LTB 483/10 - Dangerous Dogs Law - Guidance on what you need to do in cases of Dog Attacks using the Legislation we currently have [Until it's changed]

No. 483/10
Ref P18/10
Date: 1 June 2010


To: All Branches

Dear Colleagues

Dangerous Dogs Law - Guidance on what you need to do in cases of Dog Attacks using the Legislation we currently have [Until it's changed and improved!]: Defra Guidance and CWU 'Bite-Back' Campaign

This LTB is being issued to Branches and Reps dealing day to day with Dog attacks on members and need to know the Law as it currently stands and what to do in respect of enforcement by the Police and Dog Wardens (until our CWU Bite-Back Campaign secures legal changes and makes the Law more modern, simple to understand and far more effective).

As you will know from report in other LTBs our 'Bite-Back' campaign has achieved significant success and we will see Law changes across the UK in 2011. In the meantime dog attacks will be dealt with under current Law which isn't very effective and is a myriad of confusing rules which are not even clearly understood by Police Forces and Courts.

During our 'Bite-Back' campaign the above points were accepted by Department for Environment, Food and Rural Affairs (Defra) and the Ministers agreed to issue two new sets of guidance on Dangerous Dogs;
· "Control of Dogs, The Law and You" - Guidance on the law governing the control of dogs for the public and
· "Dangerous Dogs Law - Guidance for Enforcers" - Guidance on the law for Police and Dog Wardens.
Copies of both Guides are attached for your information and reference.


Defra also agreed and subsequently announced funding for Specialist training for Police to tackle Dangerous Dogs enabling Police Forces to appoint 'Dog Legislation Officers' (DLOs).
"Dangerous Dogs Law - Guidance for Enforcers" - Guidance on the law for Police and Dog Wardens.
This Defra general guidance was written to aid enforcers (Police Officers and Dog Wardens) in the use of dangerous dog's law. The guidance, written in association with the police, local authorities and the RSPCA, explains the law on dangerous dogs and provides examples of good practice when enforcing the legislation. The guidance provides an overview of the existing law and how it should be used.


Dangerous Dogs Act 1991 (DDA)
Section 1 prohibits the ownership of certain types of dogs, unless they are exempted. It is important to note that at present in the UK, dangerous dogs are classified by "type", not by breed label. This means that whether a dog is considered dangerous, and therefore prohibited, will depend on a judgment about its physical characteristics, and whether they match the description of a prohibited 'type'. This assessment of the physical characteristics is made by a court. [Note: This has proved ineffective and is both a nonsense and is a time and money consuming problem for enforcers. We support changes to the Law based on "The Deed Not The Breed" because Dog Attacks occur with the involvement of a number of breeds and in the main not the current banned breeds the Pit Bull Terrier, Japanese Tosa, Dogo Argentino and Fila Brasileiro]. Section 3 creates a criminal offence if the owner allows any dog, of any breed or type to be dangerously out of control in a public place or a place to where it is not allowed (i.e., neighbours property) Dangerously out of control means on any occasion where it causes fear or apprehension or injures a person. Legal action may be taken against the owner and/or the person in charge of the dog at the time. This should be used serious dog attack/dog bite incidents which will be generally dealt with by the police who would instigate proceedings under this section, however local authorities Dog Wardens are able to act under this legislation also. A person found guilty of an offence may face imprisonment or a fine, and the courts may disqualify the offender from having custody of a dog for any period. Although Section 10 of the 1991 Act gives a wide definition of a public place and defines a public place as meaning any street, road or other place to which the public have, or are permitted to have access, court judgments in cases on private roads and drives have not to date supported individuals attacked by dogs in such cases such as the case involving Cambridge Postman Keith Davies in Cambridge. [Note: This Law does not apply on any private property, premises, roads or drives, including shared drives and roads, which is a major weakness of the Law and one in which the CWU Bite-Back Campaigns seeks to change].


Dangerous Dogs (Amendment) Act 1997.
The 1997 Act removed the mandatory destruction order provisions of the 1991 Act by giving the courts discretion on sentencing, and re-opened the Index of Exempted Dogs for those prohibited dogs which the courts consider would not pose a risk to the public e.g. were of good temperament. Only courts can direct that a dog can be placed on the list of exempted dogs.

Guidance to Enforcers Dogs Act 1871
Nearly 140 years old now, this Act, which is a Civil Act and not a Criminal Act, is possibly the only one we have to use as an effective piece of dog control legislation available to enforcers. After a Dog Attack on private property, Civil proceedings are brought at a Magistrates' Court and this can be done by the Police, Local Authorities Dog Wardens, or individual members of the public. Defra, the Home Office and the Association of Chief Police Officers advise that this legislation should always be taken into consideration when enforcers are investigating any incidents relating to dogs or when concerns are raised over an allegation of irresponsible dog ownership, in particular it can be effective when dealing with dog attacks on Postal Workers. Section 2 of this Act requires that the owner is brought before a Magistrates' court on a complaint and if the Magistrate is satisfied that the complaint is justified they can make any order they feel appropriate to require the owner to ensure that the dog is kept under proper control or in extreme cases can order that the dog be destroyed. Importantly this is regardless of whether the dog is in a private or public place. [Note: The proceedings must be commenced by way of a complaint. Under the Dogs Act 1871, any person may make a complaint to a magistrates court that a dog is dangerous, or report the matter to the police. If the court is satisfied that a dog is dangerous and not kept under proper control, it may make an order for it to be controlled or destroyed. This Law can not be used if the owner voluntarily destroys a dog that has attacked someone, e.g. Postman or Woman as the Act works against the Animal concerned which is a major weakness of this Law. Also as a Civil Law this Act has no Criminal Sanctions. The Owner is also not prevented from keeping several other potentially dangerous animals by this Act. These are major weaknesses of this Law and is yet another reason why the CWU Bite-Back Campaigns seeks to change the Law].


Dangerous Dogs Act 1989
In addition to any civil order made under the 1871 Act, the 1989 Act allows a Magistrate to disqualify an owner from having custody of a dog for any period the Court thinks fit. The 1989 Act also provides enforcement provisions for breaches of any control order imposed on an individual under the 1871 Act.
Metropolitan Police Act 1839 and Town Police Clauses Act 1847
These provide for offences for anyone to allow an unmuzzled ferocious dog to be at large (i.e. not under proper control in a public place) and attack, worry, or put in fear any person, horse or other animal in any thoroughfare or public place in the metropolitan police district, or any street in a town. Under the Town Police Clauses Act of 1847 it is an offence for any person in any street: to let an unmuzzled ferocious dog be at large so that it obstructs or annoys the residents or passengers in the street or puts them in danger; or to set on or to urge any dog to attack, worry or put in fear any person or animal. A dog will not be at large while it is held on a lead. The word 'street' here is given an extended meaning to include any road, square, court, alley, thoroughfare or public passage. In the Metropolitan Police District a similar offence has been created by the Metropolitan Police Act of 1839. This differs only from the first part of the 1847 Act offence in that it is sufficient that an unmuzzled dog be at large (no obstruction, annoyance or danger need be shown), and that the place of the offence is described as any thoroughfare or public place.

Offences Against the Person Act 1861
This Act makes it an offence to maliciously wound or cause grievous bodily harm (GBH) to another with or without a weapon or instrument. Section 47 also creates an offence of assault occasioning actual bodily harm (ABH). These offences should only be considered in the most extreme circumstances, for example where an owner deliberately instructs or encourages a dog to attack a person due to the severity of the penalties. With all prosecutions it is important that enforcement authorities share intelligence and information where possible and update each other on outcomes.


Animals Act 1971
This Act provides that the keeper of an animal is liable for any damage it causes, if he knows it was likely to cause such damage or injury unrestrained. Civil liability arises from the Animals Act 1971. Anyone who is the owner or keeper of a dog that causes damage, injury or death is liable. As a rule, if there is a history of aggressive behaviour or the animal is dangerous then the owner is often liable for failing to safeguard members of the public and for failing to control the animal. (Note: However the weakness of this Act is that defence is often used whereby if the owner can show that that the aggressive characteristics which led to the attack were known to the keeper and it had no history of attacking people then any claim for personal injury compensation is likely to fail. During the CWU 'Bite-Back' Campaign we have argued that this Law should also be changed to one of 'Strict Liability' whereby this defence is removed].

The Guard Dogs Act 1975
Only section 1 of the Guard Dogs Act 1975 has ever entered into force. This means that all the other sections relating to a licensing scheme are not in force and neither are there any plans to do so. Section 1, which is in force, relates to the control of guard dogs.
Section 1 states:
(1) A person shall not use or permit the use of a guard dog at any premises unless a person ('the handler') who is capable of controlling the dog is present on the premises and the dog is under the control of the handler at all times while it is secured so that it is not at liberty to go freely about the premises.
(2) The handler of a guard dog shall keep the dog under his control at all times while it is being used as a guard dog at any premises except:
(a) while another handler has control over the dog; or
(b) while the dog is secured so that it is not at liberty to go freely about the premises.
(3) A person shall not use or permit the use of a guard dog at any premises unless a notice containing a warning that a guard dog is present is clearly exhibited at each entrance to the premises.
The owner of a guard dog may be liable for any injury to a person under s 2(2) of the Animals Act 1971, unless they come within one of the exceptions in s 5.
Under Section 5 of the Act, a breach of Section 1 will result in criminal liability and a fine of up to £5,000.


The Dogs (Protection of Livestock) Act 1953
Under this Act the owner or person in control of the dog will be guilty of an offence if it worries livestock (cattle, sheep, goats, swine, horses and poultry) on agricultural land by attacking or chasing livestock in such a way that it could reasonably be expected to cause injury or suffering.
What you need to do and Using the Legislation we currently have [Until it's changed and improved!]:
· Report all Dog Attacks no matter how minor - the next time it could be more serious and it's important that aggressive history is established.
· Report the incident to the Police. The member may not be the first victim. NB: Remember to get the crime/accident reference number
· Contact the local dog warden
· Identify the dog owner or person in charge of it and the address
· Obtain the contact details of any witnesses
· Obtain photographs of the injury/scarring as soon as possible
· Enquire if the animal has attacked anyone else
· Make sure the dog attack is reported to the individuals your manager and complete an accident on duty form
· If the attack resulted in injuries and was in a public place, on the street or road then the Police should investigate a prosecution under the Dangerous Dogs Act 1991 and may consider proceedings under the other above legislation.
· If the attack was on Private property (e.g. front garden, footpath, drive, private access road etc) civil proceedings can be brought under the Dogs Act 1871 at a Magistrates' Court and this can be done by the Police, Local Authorities Dog Wardens, or the individual. Defra, the Home Office and the Association of Chief Police Officers advise that this legislation should always be taken into consideration when enforcers are investigating any incidents relating to dogs or when concerns are raised over an allegation of irresponsible dog ownership, in particular it can be effective when dealing with dog attacks on Postal Workers. If the court is satisfied that a dog is dangerous and not kept under proper control, it may make an order for it to be controlled or destroyed.
· If injured and off work sick as a result of the Dog Attack benefits are available under the Royal Mail "Dog Attack Compensation Scheme" The scheme pays compensation amounting to the difference between full rate sick pay and an individual's average weekly earnings over the previous 13 weeks but excludes Christmas/Summer Pressure periods and Annual Leave. [Some Dog Owners are uninsured making the securing of compensation damages difficult. During the CWU 'Bite-Back' Campaign we have argued that Insurance should be compulsory].
· Report the matter to the Union Solicitors to investigate a claim for Personal Injury (PI) compensation or Criminal Injuries Compensation Authority (CICA) claim and the victim should keep copies of all correspondence and a note of receipts of all expenses (which the Solicitors will want to recover for the individual) such as:
o Travelling expenses to and from the hospital /GP
o Prescription charges
o Over the counter medication
o Loss of earnings
o Any other losses you may have incurred as a direct result of the dog bite





Yours Sincerely


Dave Joyce
National Health, Safety & Environment Officer