DANGEROUS DOGS ACT 1991.
Section 3 of the Act states that if a dog is dangerously out of control in a public place, then the owner and if different, the person for the time being in charge of the dog is guilty of an offence, or, if the dog while so out of control injures any person, an aggravated offence, is committed.
In proceedings for this offence, a person who is the owner of a dog but was not at the material time in charge of it, it shall be a defence for the accused to prove that the dog was at the material time in the charge of a person whom he reasonably believed to be a fit and proper person to be in charge of it.
If the owner or, if different, the person for the time being in charge of a dog allows it to enter a place which is not a public place but where it is not permitted to be and while it is there, the dog injures any person, or there are grounds for reasonable apprehension that it will do so, is guilty of an offence, or, if the dog injures any person, an aggravated offence.
On summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum, or both.
On conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both.
DESTRUCTION AND DISQUALIFICATION RULES
Where a person is convicted of an offence under section 1 or 3, or under section 2 (Other specially dangerous dogs), the court may:
Order the destruction of any dog in respect of which the offence was committed, and shall do so under section 1 or an aggravated offence under section 3, and may order the offender to be disqualified for such period as the court thinks fit, for having custody of a dog
The Police are at liberty to take the dog(s),and thereupon place them in police kennels to the conclusion of court proceedings.
AGE OF THE OWNER OF A DOG
A person under the age of 16 years cannot legally own a dog, the person who is in charge of the property where the dog is normally kept, (the head of the household ) is the legal owner for the purposes of the act.
(section 6 of the Act ).
APPEAL AGAINST A CONTROL ORDER OR A DESTRUCTION ORDER
Such an Appeal may be made to the Crown Court.
SPECIALLY CONTROLLED DOGS
1. Pit Bull Terrier
2. Japanese Tosa
3. Dogo Argentino
4. Fila Braziliero
It is an offence to have a specially controlled dog
We are able to defend any prosecution under the Dangerous Dogs Act 1991, and have facility to leading expert witnesses to provide full and comprehensive reports on the character of the dog(s) and to attend court in evidence.
Read our Dangerous Dogs Case Studies here..
If you need advice on a legal matter please contact us;, and we will respond as soon as possible, or call us on 01923 225212 .