Transcript Canine Law - The Home for Dog Owners and Those Working

Canine Law
17/07/2015
Mark Callis
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About Mark Callis
32 years practical law enforcement
experience
 27 years as a Dog Control Officer
 Dog Control Service Manager at
Wandsworth Council
 Associated with all National charity/welfare
groups.

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Types of law
Common Law
 Statute Law
 Bye Laws
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Who has a duty to educate dog
owners in legal matters?
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Those responsible for law enforcement functions
e.g. Police Officers, Local Authority, or other law
enforcement agencies.
Dog Training clubs, dog trainers, Establishments
that represent dogs (The Kennel Club/The Dogs
Trust/RSPCA/Battersea Dogs and Cats Home,
Breed rescues ).
Owners who place great emphasis on
responsibility and care
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Statute Laws
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The Dangerous Dogs Act 1991
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Section 1: Dogs bred for fighting
 This section refers to any dog of the type known as; Pit Bull Terrier, Japanese
Tosa, Dogos Argentinos, and Fila Brazilieros
(sub section 2)No person shall;
 breed or breed from any of these dogs
Sell or exchange the dog, or offer, advertise or expose such a
dog for sale or exchange
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Section 1: Dogs bred for fighting
 This section refers to any dog of the type known as; Pit Bull Terrier, Japanese
Tosa, Dogos Argentinos, and Fila Brazilieros
(sub section 2)No person shall;
 breed or breed from any of these dogs
Sell or exchange the dog, or offer, advertise or expose such a dog for sale or
exchange
Make or offer to make a gift of the dog or advertise or expose such a dog as a
gift
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Section 1: Dogs bred for fighting
 This section refers to any dog of the type known as; Pit Bull Terrier, Japanese
Tosa, Dogos Argentinos, and Fila Brazilieros
(sub section 2)No person shall;
 breed or breed from any of these dogs
Sell or exchange the dog, or offer, advertise or expose such a dog for sale or
exchange
Make or offer to make a gift of the dog or advertise or expose such a dog as a
gift
Allow such a dog, either as owner or person in charge of the dog to be in a
public place without being muzzled and kept on a lead
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Section 1: Dogs bred for fighting
 This section refers to any dog of the type known as; Pit Bull Terrier, Japanese
Tosa, Dogos Argentinos, and Fila Brazilieros
(sub section 2)No person shall;
 breed or breed from any of these dogs
Sell or exchange the dog, or offer, advertise or expose such a dog for sale or
exchange
Make or offer to make a gift of the dog or advertise or expose such a dog as a
gift
Allow such a dog, either as owner or person in charge of the dog to be in a
public place without being muzzled and kept on a lead
Abandon such a dog or allow it to stray
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DDA 1991. M. Callis, Wandsworth
Identification of Section 1 dogs
Everybody knows what a Pitbull looks like?
Defra guidelines
Can you spot the pitbull?
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Section 2:Other specially dangerous breeds
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Section 2:Other specially dangerous breeds
(1) If it appears to the secretary of state that dogs of any type to which
section 1 does not apply present a serious danger to the public he may by
order impose in relation to dogs of that type restrictions corresponding,
with such modifications, if any, as he thinks appropriate, to all or any of
those in section 1 subsection(2)(d) and (e)
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Section 3:Keeping dogs under proper control
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Section 3:Keeping dogs under proper control
(sub section 1) If a dog is dangerously out of control in a public
place -
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Section 3:Keeping dogs under proper control
(sub section 1) If a dog is dangerously out of control in a public
place –
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 whilst so out of
control injures any person, an aggravated offence, under this
subsection.
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Section 3:Keeping dogs under proper control
(sub section 1) If a dog is dangerously out of control in a public
place –
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 whilst so out of
control injures any person, an aggravated offence, under this
subsection.
(subsection 2)
In proceedings for an offence in this section against 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 in the
charge of a person whom he reasonably believed to be a fit and
proper person to be in charge of it.
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Section 3:Keeping dogs under proper control
(subsection 3)
If the owner, or if different the person in charge of a dog allows it to
enter that which is not a public place but where it is not permitted to be
and whilst it is there -
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Section 3:Keeping dogs under proper control
(subsection 3)
If the owner, or if different the person in charge of a dog allows it
to enter that which is not a public place but where it is not permitted
to be and whilst it is there It injures any person; or
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DDA 1991. M. Callis, Wandsworth
Section 3:Keeping dogs under proper control
(subsection 3)
If the owner, or if different the person in charge of a dog allows it
to enter which is not a public place but where it is not permitted to be
and whilst it is there It injures any person; or
There are grounds for reasonable apprehension that it will do so,
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DDA 1991. M. Callis, Wandsworth
Section 3:Keeping dogs under proper control
(subsection 3)
If the owner, or if different the person in charge of a dog allows it
to enter that which is not a public place but where it is not permitted
to be and whilst it is there It injures any person; or
There are grounds for reasonable apprehension that it will do so,
He is guilty of an offence, or if the dog injures any person an
aggravated offence, under this section.
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Section 3:Keeping dogs under proper control
Penalties: (sub section 4)
 A person guilty of an offence under sub section(1) or
(3)other than an aggravated offence is liable on
summary conviction to imprisonment for a term not
exceeding six months or a fine not exceeding level 5
on the standard scale (£5,000) or both: and a person
guilty of an aggrevated offence ids liable(a) On summary conviction, to imprisonment for a term
not exceeding six months or a fine not exceeding the
statutory maximum or both;
(b) On conviction on indictment, to imprisonment for a
term not exceeding two years or a fine or both.
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Section 4:Destruction and disqualification
orders
(subsection 1)
Where a person is convicted of an offence under
section 1 or 3 (1) or (3) or of an offence under an
order made under section 2 the court –
(a) May order the destruction of any dog in respect of
which the offence was committed.
(b) May order the offender to be disqualified for such
a period as the court thinks fit, for having custody
of a dog.
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Section 4b
What is Section 4b?
The Index of exempted dogs
Who monitors section 4b dogs?
Is breed specific legislation relevant?
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Spot the Pit Bull Terrier
What breed (or cross of breed) are
depicted on each page?
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American
Dog
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Bull
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Staffordshire
Bull Terrier
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Labrador
Beagle
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x
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Staffordshire
Bull Terrier
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Mastiff
Dane
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x Great
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American
Dog
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Bull
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American
Staffordshire Bull
Terrier
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Pitt
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Bull Terrier
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Pit
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Bull Terrier
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Irish
Staffordshire Bull
Terrier
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Bull
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Terriers
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American
Dog
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Bull
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Labrador
x
Staffordshire Bull
Terrier
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American
Staffordshire Bull
Terrier
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Pit
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Bull Terrier
Experts at Pit Bull identification?
 What
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did you score out of 15?
The Dogs Act 1871
Civil Law, but heard before a district judge.
This is the laying of a complaint, not a prosecution
The judgement of the case will determine how best to
protect the public. It cannot administer punishment to
the owner, or if different, the person in charge of the dog.
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The Dogs Act 1871
c.56
Any court of summary jurisdiction may take cognisance of a
complaint that a dog is dangerous, and not kept under proper
control, and if it appears to the court, having cognisance of
such a complaint that such dog is dangerous, the court may
make an order in a summary way directing the dog to be kept
by the owner under proper control or destroyed.
This refers to both public and private land.
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Updates to the Dangerous Dogs
Act 1991
Compulsory microchipping by April 2016.
The act to be extended to include private land.
Implementation date is yet to be announced.
Contained within the Draft Dangerous Dogs Bill (April
2013)
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Environmental Protection Act
1991
Section 149 – 151 Seizure of stray
dogs
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Who is responsible?

Sec 149 (1), Every local authority shall appoint an
officer (under whatever title the authority may
determine) for the purpose of discharging the
functions imposed or conferred by this section for
dealing with stray dogs found in the area of the
authority.
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Prior to April 2007, both the police and the local
authority had a joint responsibility for stray dogs. The
police were obliged to accept stray dogs (Dogs Act
1906), and the local authority as above.
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Most local authorities employ a dog warden
to carry out this function. They may have
alternative titles such as dog control officer,
animal warden or animal/dog welfare
officer.
 Sometimes it may be a pest control officer,
Environmental control officer, cleansing
enforcement officer etc.
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What is it about?

Sec 149 (3) Where an officer has reason to
believe that a dog found in a public place or
on any other land or premises is a stray dog,
he shall (If practicable) seize the dog and
detain it, but where he finds it on land or
premises which is not a public place, only
with the consent of the owner or occupier of
the land or premises.
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What happens to the dog next?
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The local authority will serve notice on the dog
owner that the dog has been seized.
The owner has 7 days to pay the reclamation fee
of £25.00 (Minimum), plus daily kennelling
charges and any other necessary expenses (e.g.
Vets fees). The dog will then be returned to the
owner.
If the dog is not claimed or the owner fails to pay
all fees due within 7 days then the dog may be
sold or destroyed or given into a dogs home or
rehoming centre for such purpose.
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Control of Dogs Order 1992
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2. Wearing of collars by dogs
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(1) Subject to paragraph (2), Every dog
while in a highway or in a place of public
resort shall wear a collar with the name and
address of the owner inscribed on the collar
or on a place or badge attached to it.
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Exceptions:
(2) This shall not apply to.
(a). Any pack of hounds,
(b). Any dog while being used for sporting purposes,
(c ). Any dog while being used for the capture or destruction of
vermin,
(d). Any dog while being used for the driving or tendering of
cattle or sheep
(e). Any dog while being used on official duties by a member of H.M
Armed Forces or H.M. Customs and Excise, or the police force for any
area,
(f). Any dog while being used in emergency rescue work, or
(g).
Any dog registered with the Guide Dogs for the Blind Association.
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Definitions:
Public Place: A place of public resort to which the public
goes as a matter of fact, as distinct from a matter of right,
notwithstanding that a charge is made for admission.
Highway: A road or other way over which the public have
a right to pass to and fro; It need not be a road maintained
by a highway authority.
Name and Address: The name and full address of the
owner of the dog.
The law will not accept name and phone number or a tag
telling a finder to contact a database.
Will the law will accept name, house name or number, and
full post code?
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Why do we need this law?
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M. Callis Wandsworth Council
Canine law
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To return lost dogs to their owners?
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M. Callis Wandsworth Council
Canine law
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To return lost dogs to their owners?
- NO
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M. Callis Wandsworth Council
Canine law
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To return lost dogs to their owners?
- NO
To trace the owners of abandoned or neglected
dogs?
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M. Callis Wandsworth Council
Canine law
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To return lost dogs to their owners?
- NO
To trace the owners of abandoned or neglected
dogs?
- NO
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M. Callis Wandsworth Council
Canine law
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To prove liability in public
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There are several forms of voluntarily
identifying your dog in the UK
Microchipping
 Ear tattooing
 Lost dog database agencies
 Vets
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Only one is compulsory and
subject to law
The Control of Dogs Order 1992
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The Cleaner Neighbourhoods
and Environment Act 2006
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Part 6, DOGS
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There are two main points to this act
 The
transfer of duty for the collection
and reception of stray dogs from the
police to the local authority.
The making of Dog Control Orders
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The transfer of responsibility for
stray dogs
From April 2007
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The making of Dog Control Orders
The designation of poop scoop areas
The banning of dogs from some areas
Dogs on leads designation
Restrict the number of dogs walked by individuals
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Anti Social Behaviour Crime &
Disorder Bill 2014
Part 4, Chapter 2. Public Spaces Protection Orders
This will replace/repeal the Cleaner Neighbourhoods and
Environment Act 2006, Part 6, Dogs
The making of the orders and their implications?
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Anti Social Behaviour Crime &
Disorder Bill 2014
Community Protection Orders (CPO)
 What is it? – Low level notice issued to stop
anti social behaviour
 Re Dogs – For tackling irresponsible dog
ownership e.g. dog out of control, persistent
dog fouling.
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Anti Social Behaviour Crime &
Disorder Bill 2014
Injunction to Prevent Nuisance and
Annoyance (IPNA)
 What is it? – A civil court order to prevent
anti social behaviour and address causes.
 Re dogs – For Higher level incidents e.g.
intimidation, attacks on other animals.
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Anti Social Behaviour Crime &
Disorder Bill 2014
Criminal Behaviour Order (CBO)
 What is it for? – An order obtained for
convicted offenders to prevent and stop
ASB and address causes.
 Re dogs – Serious and continuing ASB with
dogs
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Anti Social Behaviour Crime &
Disorder Bill 2014
Implementation date ?
 Awaiting announcement from Theresa May
 Speculation on 1st October 2014
 Guidance for practitioners available June
2014?

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Fouling of the Land Act 1996

May still be enforced in some local
authorities.
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Local Authority Bye Laws
Confusing and Compulsory
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Local authority bye laws are as important to the
local community as some of the National statute
and criminal laws
These may cover:
 Fouling
 Control measures
 Prohibitions
 Anti social behaviour
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Know your local authority
Research laws relevant to your community.
 Keep in regular contact with your local dog
warden.
 Occasionally Inspect all relevant local
legislation at your local authorities legal
department (All local authorities must make
all local legislation available to the public to
inspect at any reasonable time).

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Don’t take my word for it
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Research these topics covered today for yourself.
Make a note of where to refer others for
information.
Obtain definitive copies of bye laws from your
local authority and make them available to others
Make a judgement on what is relevant to your
community and to your members.
The system does not stop producing laws. Don’t
stop researching them.
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Thank you for listening
Source information for this presentation has been
taken from HMSO statute laws, and the Dog Law
Handbook by Godfrey Sandys-Winsch and published
by Shaw & Sons Ltd, ISBN 0 7219 1340 7, and from
the DEFRA website at
www.defra.gov.uk/environment/
•Mark Callis – www.wandsworth.gov.uk/dogs
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Further reading
Animal Welfare Act 2006
Environmental Protection Act 1991, sec 149-151
Cleaner Neighbourhoods and Environment Act 2006
Dangerous Dogs Bill 2013
Defra guidance on stray dogs
Defra guidance on prohibited breeds
Anti Socila behaviour Crime & Disorder Bill 2014
[email protected]
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Or visit these web sites:
www.legislation.go.uk
www.gov.uk/defra
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Thank you for listening
Time for questions and
discussion on today's
presentation.
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