Whilst the media understandably concentrates on the most serious incidents, the police deal with a significant number of cases involving allegations of pet dogs being dangerously out of control. In this article, John Dance, Director in the DWF Commercial Insurance Criminal Defence team, outlines what the existing criminal legislation means for owners of pet dogs and their insurers.
The Dangerous Dogs Act 1991, as amended by the Anti-social Behaviour, Crime and Policing Act 2014, not only concerns prohibited breeds of dogs. The legislation also makes it a criminal offence to be the owner of any breed of dog that is ‘dangerously out of control’.
A dog shall be regarded as dangerously out of control on any occasion on which there are “grounds for reasonable apprehension that it will injure any person (or assistance dog), whether or not it actually does so.”
If a dog does injure someone whilst dangerously out of control, then the offence is deemed to be aggravated.
The legislation not only applies to incidents that occur in public places. It is equally an offence if the incident happens in a private place, including the owner’s home.
Whilst the legislation creates a defence for incidents where the injured party enters, or is attempting to enter, the owner’s home as a trespasser, allegations are otherwise notoriously difficult to defend.
The fact that there was no reason to appreciate that a dog might behave in a particular way is not a defence.
If a dog is deemed dangerously out of control whilst in the charge of someone other than the owner, the owner will still be criminally liable unless they can prove that the dog was, at the material time, in the charge of a person whom they reasonably believed to be a fit and proper person to have been in charge of the dog.
If the dog belongs to a child under the age of 16 years, criminal liability will rest with the head of the household.
On conviction of an aggravated offence, in respect of which someone was injured, the owner (and, if different, the person in charge of the dog at the material time), could receive a prison sentence of up to a maximum of 5 years in the Crown Court. If the injured party dies, the maximum sentence increases to one of up to 14 years imprisonment. In cases in which the dog injures or kills an assistance dog, the maximum sentence is one of up to 3 years imprisonment.
Following an incident in which it is suspected that a dog was dangerously out of control, the police have various powers that can enable them to seize and retain the dog.
The police may arrest the owner, and/or any other person who was in charge of the dog at the material time. Otherwise, they will likely invite them to voluntarily take part in an interview under caution.
Following conviction for an aggravated offence (where a person is injured), a court is required to order the destruction of the dog, unless the court can be satisfied that the dog would not constitute a danger to public safety. The owner may also find themselves subject of an order disqualifying them from having custody of a dog for a period of time. If the dog had been seized and retained by the police pending the outcome of the investigation and proceedings, on conviction the owner can also be required to pay the costs incurred by the police in keeping the dog in a kennel. Such costs can be significant as cases often take many months to come to court.
Specialist legal advice and representation for dog owners in such cases is important to ensure that they receive sound advice after careful consideration of the evidence. Even in cases in which an accused may not have a defence, it may be that a prosecution can be avoided by way of an alternative sanction.
In some cases, it may be that the actions of an injured party contributed towards the cause of the incident. It is important that such evidence is identified and elicited. It may affect the decision to prosecute, or the sentence imposed in the event of a conviction. Evidence of contributory negligence can also assist insurers in ensuring that appropriate offers are made when seeking to settle civil claims arising out of an incident.
DWF’s Commercial Insurance Criminal Defence Team has been established for over 20 years. The team frequently receives instructions from insurers to represent policyholders all over England and Wales when facing investigations and/or criminal prosecutions following incidents in respect of which their pet dogs are alleged to have been dangerously out of control, including incidents in respect of which particularly grave and serious injuries are caused. Please contact Lee Foulser, Head of Criminal Defence or John Dance, Director for more information.
