All Dog owners should be aware of these upcoming changes in the law

Raksha

On 14th May 2014 the laws that govern control of dogs are changing. The Anti Social Behaviour Crime and Policing Act makes a number of amendments to the current Dangerous Dogs Act 1991 (as amended). Further changes come into effect in October 2014. The changes apply to ALL dogs and their owners, regardless of the type of dog. The guide below is a guide only.

Dangerously out of control is any occasion when a person feels reasonable fear of injury even if the dog does not injure them.

The main changes are as follows:

You will be guilty of an offence if your dog is dangerously out of control in ANY place in England or Wales (whether or not a public place) - Previously it was only an offence for a dog to be dangerously out of control in public or a private place where the dog had no right to be.

The new bill applies to any person AND assistances dogs (previously assistance dogs were not covered)

You have a (very slight!) defence by why of a "householder case" if your dog is dangerously out of control and causes fear to someone on private property IF the following apply:

The dog is dangerously out of control while in or partly in a building, or part of a building, that is a dwelling or is forces accommodation (or is both)

AND

the person in relation to whom the dog is dangerously out of control is in, or is entering, the building or part as a trespasser, or the dogs owner , (if present at that time) believed the person to be in, or entering, the building or part as a trespasser.

IMPORTANT: a garden is not classed as a building and unless classed as part of a building there may be no defence for (i.e ) a child fetching a ball.

If found guilty of of an offence the following prison sentences are increased:

Fatal attack on a person : up to 14 years
Injury to a person:: up to 5 years
Injury to an assistance dog : up to 3 years

A police officer or local authority officer may seize ANY dog they believe to be dangerously out of control in a public or private place. (previously only in a public place)

If found guilty by a court the court MUST consider the following when deciding if the dog is a danger to the public:

-the temperament of the dog and its past behaviour, and

-whether the owner of the dog, or the person for the time being in charge of it, is a fit and proper person to be in charge of the dog, and may consider any other relevant circumstances.


The following also apply to dogs deemed to be type when deciding if the dog should be exempted or destroyed:

-the temperament of the dog and its past behaviour, and

-whether the owner of the dog, or the person for the time being in charge of it, is a fit and proper person to be in charge of the dog, and may consider any other relevant circumstances.

UPDATED BELOW


Further changes that could impact dog owners come into effect in October 2014 by way of "Community Protection Notice". (CPN)

A CPN can be issued to any person, 16 years or older by a police officer, Local Authority or representative for the local authority. In order to issue a CPN the officer needs to be satisfied on reasonable grounds that:

(a) the conduct of the individual or body is having a detrimental effect, of a persistent or continuing nature, on the quality of life of those in the locality, and

(b) the conduct is unreasonable.
This could for example, be a dog who barks consistently when left alone or in the garden.

A CPN will explain the issue and order it be dealt with. This may apply to certain time periods or in general.

Before issuing a CPN the officer must issue a warning that a CPN will be issued if the conduct does not stop having a detrimental effect and must be satisfied that despite having time to deal with the matter, the issue still persists.

It does not matter if you are allowing the issue, if you own or rent the property you are the person who ultimately will be issued with the CPN. In a case where the person responsible cannot be identified a CPN will be posted on the building or an authorised officer has the right to enter the building to ascertain who the responsible person is. once a CPN is handed to the person or posted on the building it is deemed to have been delivered.

You can appeal against a CPN to the Magistrates court if you believe the conduct:

(a) did not take place,
(b) has not had a detrimental effect on the quality of life of those in the locality,
(c) has not been of a persistent or continuing nature,
(d) is not unreasonable, or
(e) is conduct that the person cannot reasonably be expected to control or affect.
2.That any of the requirements in the notice, or any of the periods within which or times by which they are to be complied with, are unreasonable.
3.That there is a material defect or error in, or in connection with, the notice.
4.That the notice was issued to the wrong person

any appeal must be made within 21 days of the date of issue of the CPN.

While waiting for an appeal the requirement in the CPN to stop doing a specified thing remains in effect.

Once the appeal is heard the court may order the CPN be quashed, modified or dismiss the appeal and allow the CPN to stand.

Please note this is a rough outline and ot to be used as the letter of the law. The new bill will however, have potentially serious repercussions for many dog owners and you MUST be aware of the problems you could face. A dog, for example, that behaves in a way that scares a person while the dog is in its own garden COULD result in court proceedings.
Cut and pasted from Danny Mills behaviourist facebook page

Paypeanuts

Typical soft targeting.

Thieving little get enters garden over wall and fence.
Gets a fright from a gobby dog in garden.
Calls plod.
Plod charges householder.
Thieving little get looks all hard done by.
Thieving get sniggers.
Thieving get comes back and helps hisself.


Psycho dog off lead attacks dog or person in park.
Nothing happens.

Absolutely disgusting.

SailorSam

Assistance dogs are so well trained i can't imagine it's very often any of them would be dangerously out of control.

zaksmum

Around here I only have to walk my dogs on leads past some foreign people and they go hysterical, clutching their kids to them as if the dogs were escaped lions.

So where would you stand if these people feared injury even though the dogs do not injure them? Is that still deemed to be out of control as detailed by Raksha?

Paypeanuts

It's a good question and I suspect nobody will know the answers till a few test cases hit the court

Person_one

zaksmum wrote: »

Around here I only have to walk my dogs on leads past some foreign people and they go hysterical, clutching their kids to them as if the dogs were escaped lions.

So where would you stand if these people feared injury even though the dogs do not injure them? Is that still deemed to be out of control as detailed by Raksha?

Foreign people? Pretty sure lots of Brits have an irrational fear of dogs, and I'm not even sure how you can tell what nationality someone is without asking...

That aside, its a good question though. If someone is so terrified of dogs that one walking or running perfectly safely nearby scares them, how and why is that the dog owner's problem?

lazer

Person_one wrote: »

Foreign people? Pretty sure lots of Brits have an irrational fear of dogs, and I'm not even sure how you can tell what nationality someone is without asking...

That aside, its a good question though. If someone is so terrified of dogs that one walking or running perfectly safely nearby scares them, how and why is that the dog owner's problem?

I know a few people that have what you call and "irrational" fear of dogs and i firmly believe that dogs should be on a lead in all public places (with some exempt places or times to cater for those with dogs).
Public places should be shared and I think everyone should be able to use them without fear.

I like dogs, but am not keen on dogs running or walking freely around me when i don't know the dog, I don't know the dogs temperment etc, and i find that if dogs are off the lead, the owners are more likely to ignore the dog poo, pretend they didn't see it so they don't have to pick it up.

I also don't like a dog walking near me for fear of it running onfront of me, tripping me up.

And finally i hate dogs touching me when I'm out and about - they smell and my clothes smell then.

Person_one

lazer wrote: »

I know a few people that have what you call and "irrational" fear of dogs and i firmly believe that dogs should be on a lead in all public places (with some exempt places or times to cater for those with dogs).
Public places should be shared and I think everyone should be able to use them without fear.

I like dogs, but am not keen on dogs running or walking freely around me when i don't know the dog, I don't know the dogs temperment etc, and i find that if dogs are off the lead, the owners are more likely to ignore the dog poo, pretend they didn't see it so they don't have to pick it up.

I also don't like a dog walking near me for fear of it running onfront of me, tripping me up.

And finally i hate dogs touching me when I'm out and about - they smell and my clothes smell then.

I have a phobia of wasps, don't think I'll have much luck getting them to be on leads in public.

poet123

I agree, I know someone who is terrified of dogs due to a severe fright when young caused by a large dog running free and bounding up to him and jumping on him. The dog was only playing but it caused real trauma to the the person as a four year old. It is still with them today.

Dogs shouldn't be running free in parks or on the streets.

Jojo_the_Tightfisted

Person_one wrote: »

I have a phobia of wasps, don't think I'll have much luck getting them to be on leads in public.

I'd like to see somebody try.

Wasp muzzles, anybody?

spacey2012

Pushed for by a certain religious community who want dogs banned.