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Dangerous Dogs Act (supplied to us by Rottweiller Welfare Association)

Following a very sad and unfortunate incident involving an adopted welfare Rottweiler earlier this year, I have been asked to put together important information that all dog owners need to be fully aware of. What I have set out below is not intended as a substitute for specialist legal advice and in the event of an accident or incident involving your dog then I cannot stress how important it is to seek advice from a specialist Canine Solicitor at your earliest possible opportunity. Canine legislation is very complicated.

In the immediate aftermath of a. dog related incident, it is all too easy for distressed or confused owners to act in the heat of the moment, possibly with disastrous and irreversible results.

I do not intend to go into detail about specific Laws Or Acts - that is not necessary - but it is useful to know under what circumstances you could be charged in relation to a particular piece of legislation.

The Dangerous Dogs Act 1991 makes it an offence to have a dog 'dangerously out of control in a public place'. The legislation is intended for use if a dog bites or otherwise injures a member of the public or is seen to be a danger. The Dangerous Dogs Act. does not generally cover incidents of dog-on-dog aggression (however serious) unless a member of the public receives a re-directed bite in an attempt to separate dogs involved in a fight.

If your dog bites a member of the public, you should give your details to the victim and take your dog home. Once at home, your dog may not be seized by either the Police of a Local Authority Enforcement Officer without a Warrant (unless you give your permission). Nobody has the right to enter your property to look at your dog and you are not obliged to 'show' them your dog to 'prove' how friendly he normally is. I would advise that you do not allow any authority to enter your home or have access to your dog without the said Court Warrant.

Do not voluntarily hand your dog over to the Police or Local Authority - insist that they obtain a Warrant.

A dog can only be seized in public if it is acting dangerously out of control 'at that time'. In other words, if your dog were to run amok, savagely attacking everyone in its path, then the Police would be within their rights to seize the dog without the production of a Warrant provided it was still out of control and not back under the proper control of its owner. NB: This does not apply to the illegal breeds such as Pit Bull Type Dogs, which can be seized in a public place, regardless of behaviour.

If your dog bites someone on private property e.g. a visitor to your home or a stranger who enters your garden, then this becomes a civil matter. The Police are very unlikely to take action but you may receive an advisory visit from either them or your local Dog Warden. Again, you are not obliged to give them access to your dog, even just to see it. The victim of a bite received on private property may choose to take out civil proceedings against you under the Dogs Act 1871, usually for financial compensation. A magistrate does have the power to order the destruction of a dog in this situation but rarely does.

The Dogs Act 1871 may also be used in a Civil Proceeding if your dog attacks, injures or kills another dog. Dog-on-dog aggression is not a Criminal matter. In other words, the Police do not have any authority to prosecute the owner of a dog in these situations and generally will refer the matter to the Local Authority Dog Warden. Again, you may receive a visit to advise you of your responsibilities and may be advised to keep your dog on a lead and/or muzzle it in public. This may well be reasonable and the correct advice but is not enforceable except through the Courts. If Civil Proceedings are taken out against you because your dog has shown aggression towards another dog, it is highly unlikely (almost unheard of) that the Magistrates will order the destruction of your dog but will put in place certain Dog Control Orders. These could range from having your dog muzzled at all times, to banning you from walking your dog in certain areas. These are enforceable by law and in the event that the conditions of a Dog Control Order are broken, the matter becomes Criminal and the Police or Local Authority Enforcement Officer may prosecute.

No single person or authority can order the destruction of your dog other than the Courts. A Police Officer has no power or authority to advise you or bully you into having your dog put to sleep. In rare situations, police have been known to tell the owners of dogs that because their dog has injured someone or killed another dog, they will be prosecuted and  their dog will be taken from them and destroyed so they would advise not going to Court and just put the dog to sleep anyway! They should not give you this advice and cannot enforce it. Take their name and number and make a complaint to their Senior Officer. Only in the most serious cases of aggression and/or where the owner knew their dog was likely to bite, does the Court order the destruction of the dog. There is always a right to appeal.

In the unlikely event of a serious incident where the Police or Local Authority obtains a Court Warrant to legally seize your dog, you will be given or left a copy of the seizure warrant which will describe the dog that has been taken. There is no need or requirement to sign any additional paperwork. Some distressed and confused owners have inadvertently signed a document giving permission for their dog to be taken away and destroyed.

Dogs do not have to be on a lead in public, except where local Bylaws are in place to that effect. Some members of the public believe that DOBERMANNS must always be on the lead and muzzled in public. This is not the case.

To remind you of the important points:
In the event of an incident of aggression, involving your dog, take your dog home before doing anything else.

Only after a successful prosecution has taken place can the Courts order the destruction of a dog - No one else can - NOT THE POLICE OR A LOCAL AUTHORITY DOG WARDEN OR ENFORCEMENT OFFICER.

A dog may only be seized in public if it is dangerously out of control at the time.

A dog may only be seized from its home once a Police Constable has executed a Warrant.

Dog-on-dog aggression is not a criminal matter. It is a civil matter and the dog may not therefore be seized. A warrant would not be granted in this situation. Do not voluntarily hand your dog over to the police or local authority under any of the circumstances covered in this article. You must allow your dog to be seized if a Warrant is executed.

You do not have to allow the Police or Local Authority Enforcement Officer to enter your home or look at your dog (without a Warrant).

Do not sign any documentation without seeking specialist legal advice first.

Obtain legal representation/advice immediately. A good starting point is a telephone help line run by Canine Specialist
Solicitors Cooper & Co 0906 515 1108

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