Dangerous Dogs
Non Breed Specific
Section 3- DDA 1991
Section 3 of the Dangerous Dogs Act 1991 makes it an offence for any dog to be dangerously out of control in a public place. The offence is deemed to have been committed by the owner of the dog and by whoever is in charge of the dog at the time of the offence. This means that if you, as owner, allow another person to be in charge of your dog and an incident occurs, you can be liable.
If you, as owner, leave the dog with someone you have good reason to believe is a fit and proper person to be in charge of your dog and you can prove this, then you may have a defence.
If the dog is owned by a child under 16, or if you leave a dog with a child under 16 then the law deems the head of that childs household to be responsible. This is most often the parent of that child. If, while dangerously out of control, your dog injures a person, a much greater offence has been committed.
Section 3 - Not Breed Specific
Section 3 is not breed specific. This means it apply to ALL dogs regardless of their breed or cross breed. Young,old, pedigree or mongrel any dog and owner can be charged under this section. This confuses many people who, wrongly, believe the DDA is all about Pit Bull Types. It is not. If you own a dog, this section applies to you too.
Dangerously out of Control
Dangerously out of control has been defined in law as " Any occasion on which there are grounds for resonable apprehension that a dog will injure any person" This means that a dog may be deemed to be dangerous even if it does not actually injure someone. If a person resonably believes the dog could injure them, then there could be grounds for charges.
Public Place
This section of the law does not apply to private property where the dog has a right to be, for example, the dogs own home. It does, however, cover any premises deemed to be a public place. For the purposes of this act, a Public Place is defined as "Any street, road, or other place (whether or not enclosed) to which the public have or are permitted to have access whether for payment or otherwise and includes the common parts of a building containing two or more seperate dwellings". In shared buildings, the stairway and lifts for example are deemed to be a public place. In later court cases the inside of a car has been deemed a public place.
Public Place also covers private property where the dog has no right to be. For example, if your dog runs off into someone else's home. Your dog has no right to be there and if during his time there, he injures or makes someone fear he will injure them, you and if different whoever is in charge of the dog at the time, are liable.
Penalties
If found guilty of an offence under Section 3 the following penalties apply. Please note, if your dog has injured a person it is a much more serious offence and has greater penalties as shown further on.
Dangerously out of control without causing injury to a person:
A fine of up to £5000.A prison term not exceeding 6 months.A control order to do any or all of the following:
Muzzle the dog at all times in a public place.Keep the dog on lead at all times in a public place.Neuter the dog if not already done so.A Destruction Order placed on the dog.Disqualification of owning an animal for such period as the court deem fit.
Dangerously out of control and causing injury to a person: On Summary conviction ( A hearing before a judge, not a jury)
A fine of up to £5000.A prison term not exceeding 6 months.An order to do any of the following: Muzzle the dog at all times in a public place.Keep the dog on lead at all times in a public place.Neuter the dog if not already done so.A Destruction Order placed on the dog.Disqualification of owning an animal for such period as the court deem fit.
On Conviction on indictment (a hearing before a jury)
A fine of up to £5000.A prison term not exceeding two years.An order to do any of the following: Muzzle the dog at all times in a public place.Keep the dog on lead at all times in a public place.Neuter the dog if not already done so.A Destruction Order placed on the dog.Disqualification of owning an animal for such period as the court deem fit.
Please note that a control order can be tailored to address the concerns of each individual case
Bullbreed Advisory Service © 2009
