Dogs Act 1871 (Civil Action)

The Dogs Act 1871 is a civil application usually made by the police or local authority but which can also be actioned by individuals. Unlike the Dangerous Dogs Act which applies only to a public place or a private place where the dog is not permitted to be the Dogs Act applies regardless of where the incident takes place..  

This Act provides for any person to make a complaint to the Police or a magistrates court that a dog is dangerous. If the court is satisfied that the dog is dangerous and is not being kept under proper control then it may make an order for the dog to be kept under proper control by the owner or that it be destroyed,   

Generally a dog is regarded as not being under proper control if

  • It is neither on a lead nor muzzled.  
  • A dog can show itself to be dangerous in its general behaviour not just its behaviour towards a person. and a single incident may be unlikely to be sufficient to prove the dog is dangerous, unless the court believes that single incident to be exceptional.
  • The police have no power to seize a dog pending proceedings under this act.
  • Proceedings can only be brought against the owner of the dog.

With this act there is no presumption of destruction and control orders can be general in that an order is simply made that the dog be kept under control in future, or may have conditions attached such as leashing or muzzling. .   Where a magistrates' court does make an order under the Dogs Act 1871 directing a dog to be destroyed it may also, under the Dangerous Dogs Act 1989 

(a) appoint a person to undertake its destruction and require any person having custody of the dog to deliver it up for that purpose,

and

(b) if it thinks fit, make an order disqualifying the owner for having custody of a dog for such period as is specified in the order.

Any person who fails to comply with an order under the 1871 Act to keep a dog under proper control, or deliver it up for destruction under the 1989 act is liable for a fine not exceeding £1,000 and the court may also disqualify that person from having custody of a dog. As the civil standard of proof applies, an order may be made by the court on the balance of probabilities that a dog is dangerous.

 
In addition, where an incident has taken place on private premises it may be possible for a person to initiate civil proceedings to claim damages on the basis that the person owning or controlling the dog was negligent. 

Where a person has been invited onto premises by the occupier then that occupier may become liable for any injury suffered by the visitor under the Occupiers' Liability Act 1957. This duty generally covers the state of the premises, but has been held to extend to cover damage caused by animals present on those premises.  

The Animals Act 1971 also provides that in certain circumstances the keeper of an animal is liable for any damage it causes, if he knew it was likely to cause such damage or injury unrestrained..










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