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Section 3- DDA 1991
Dangerously
out of control
Section
3 of the Dangerous Dogs Act 1991 makes it an offence for any dog to be dangerously
out of control in a public place. The offence is deemed to have been committed
by the owner of the dog and by whoever is in charge of the dog at the time of
the offence.
This
means that if you, as owner, allow another person to be in charge of your dog
and an incident occurs, you can be liable. If you, as owner, leave the dog with
someone you have good reason to believe is a fit and proper person to be in
charge of your dog and you can prove this, then you may have a defence. If a
child under 16 owns the dog, or if you leave a dog with a child under 16 then
the law deems the head of that child’s household to be responsible. This is
most often the parent of that child. If, while dangerously out of control, your
dog injures a person, a much greater offence has been committed.
Section
3 - Not Breed Specific
Section
3 is not breed specific. This means it applies to ALL dogs regardless of their
breed or cross breed. Young, old, pedigree or mongrel any dog and owner can be
charged under this section. This confuses many people who, wrongly, believe the
DDA is all about Pit Bull Types. It is not. If you own a dog, this section
applies to you too.
Dangerously
out of Control definition
Dangerously
out of control has been defined in law, as “Any occasion on which there are
grounds for reasonable apprehension it will injure any person" This short
sentence is actually very clear with whom the law offers protection too. The
DDA does not cover dog on animal attacks. The mention of “reasonable apprehension”
means that a dog may be deemed to be dangerous even if it does not actually
injure someone. If a person reasonably believes the dog could injure them, then
there could be grounds for charges. This is why you may read in the media of a
dog on dog attack where a charge has been brought yet another case where no
charge is brought. It all comes down to whether or not there are grounds for
“reasonable apprehension” of injury.
Public
Place
Section
three of the DDA does not apply to private property where the dog has a right
to be, for example, the dogs own home. It does, however, cover any premises
deemed to be a public place. For the purposes of this act, a Public Place is
defined as "Any street, road, or other place (whether or not enclosed) to
which the public have or are permitted to have access whether for payment or
otherwise and includes the common parts of a building containing two or more
separate dwellings". In shared buildings, the stairway and lifts for
example are deemed to be a public place.
In
later court cases the inside of a car has been deemed a public place, while
your garden path that a postal worker may have access to, is not a public place
(unless shared with other buildings). Public Place also covers private property
where the dog has no right to be. For example, if your dog runs off into
someone else's property. Your dog has no right to be there and if during his
time there, he injures or makes someone fear he will injure them, you and
whoever is in charge of the dog at the time, are liable. If your dog enters a
private place where he has no right to be, it may be a defence for the owner,
if he can show he left the dog with someone he believed to be a fit and proper
person.
Penalties
If
found guilty of an offence under Section 3, the penalties show below may apply.
There is a presumption towards destruction for a dog found guilty of an offence
under Section Three unless the owner can satisfy the judge that he has taken
adequate steps to ensure the incident does not happen again. Please note, if
your dog has injured a person it is a much more serious offence and has greater
penalties as shown further on.
Dangerously
out of control without causing injury to a person:
A fine
of up to £5000.
A prison term not exceeding 6 months.
An order to do any of
the following:
Muzzle the dog at all times in a public
place.
Keep
the dog on lead at all times in a public place.
Neuter the dog if not already done so.
A Destruction Order placed on the dog.
Disqualification of owning an animal for such
period as the court deem fit.
Dangerously
out of control and causing injury to a person:
On
Summary conviction (A hearing before a judge, not a jury)
A fine of up to £5000.
A prison term not exceeding 6 months.
An
order to do any of the following:
Muzzle the dog at all times in a public
place.
Keep the dog on lead at all times in a public
place.
Neuter the dog if not already done so.
A Destruction Order placed on the dog.
Disqualification of owning an animal for such
period as the court deem fit.
On
Conviction on indictment (a hearing before a jury)
A fine of up to £5000.
A prison term not exceeding two years.
An
order to do any of the following:
Muzzle the dog at all times in a public
place.
Keep the dog on lead at all times in a public
place.
Neuter the dog if not already done so.
A Destruction Order placed on the dog.
Disqualification of owning an animal for such
period as the court deem fit.
While every care has been taken to ensure the information contained is
correct it must be noted that the contents of this document are for information
only and not to be treated as an extensive guide. If you find yourself directly
affected by any legislation you must seek experienced legal representation
immediately.
Section 3- DDA 1991
Dangerously out of control
Section 3 of the Dangerous Dogs Act 1991 makes it an offence for any dog to be dangerously out of control in a public place. The offence is deemed to have been committed by the owner of the dog and by whoever is in charge of the dog at the time of the offence.
This means that if you, as owner, allow another person to be in charge of your dog and an incident occurs, you can be liable. If you, as owner, leave the dog with someone you have good reason to believe is a fit and proper person to be in charge of your dog and you can prove this, then you may have a defence. If a child under 16 owns the dog, or if you leave a dog with a child under 16 then the law deems the head of that child’s household to be responsible. This is most often the parent of that child. If, while dangerously out of control, your dog injures a person, a much greater offence has been committed.
Section 3 - Not Breed Specific
Section 3 is not breed specific. This means it applies to ALL dogs regardless of their breed or cross breed. Young, old, pedigree or mongrel any dog and owner can be charged under this section. This confuses many people who, wrongly, believe the DDA is all about Pit Bull Types. It is not. If you own a dog, this section applies to you too.
Dangerously out of Control definition
Dangerously out of control has been defined in law, as “Any occasion on which there are grounds for reasonable apprehension it will injure any person" This short sentence is actually very clear with whom the law offers protection too. The DDA does not cover dog on animal attacks. The mention of “reasonable apprehension” means that a dog may be deemed to be dangerous even if it does not actually injure someone. If a person reasonably believes the dog could injure them, then there could be grounds for charges. This is why you may read in the media of a dog on dog attack where a charge has been brought yet another case where no charge is brought. It all comes down to whether or not there are grounds for “reasonable apprehension” of injury.
Public Place
Section three of the DDA does not apply to private property where the dog has a right to be, for example, the dogs own home. It does, however, cover any premises deemed to be a public place. For the purposes of this act, a Public Place is defined as "Any street, road, or other place (whether or not enclosed) to which the public have or are permitted to have access whether for payment or otherwise and includes the common parts of a building containing two or more separate dwellings". In shared buildings, the stairway and lifts for example are deemed to be a public place.
In later court cases the inside of a car has been deemed a public place, while your garden path that a postal worker may have access to, is not a public place (unless shared with other buildings). Public Place also covers private property where the dog has no right to be. For example, if your dog runs off into someone else's property. Your dog has no right to be there and if during his time there, he injures or makes someone fear he will injure them, you and whoever is in charge of the dog at the time, are liable. If your dog enters a private place where he has no right to be, it may be a defence for the owner, if he can show he left the dog with someone he believed to be a fit and proper person.
Penalties
If found guilty of an offence under Section 3, the penalties show below may apply. There is a presumption towards destruction for a dog found guilty of an offence under Section Three unless the owner can satisfy the judge that he has taken adequate steps to ensure the incident does not happen again. Please note, if your dog has injured a person it is a much more serious offence and has greater penalties as shown further on.
Dangerously out of control without causing injury to a person:
A fine of up to £5000.
A prison term not exceeding 6 months.
An order to do any of the following:
Muzzle the dog at all times in a public place.
Keep the dog on lead at all times in a public place.
Neuter the dog if not already done so.
A Destruction Order placed on the dog.
Disqualification of owning an animal for such period as the court deem fit.
Dangerously out of control and causing injury to a person:
On Summary conviction (A hearing before a judge, not a jury)
A fine of up to £5000.
A prison term not exceeding 6 months.
An order to do any of the following:
Muzzle the dog at all times in a public place.
Keep the dog on lead at all times in a public place.
Neuter the dog if not already done so.
A Destruction Order placed on the dog.
Disqualification of owning an animal for such period as the court deem fit.
On Conviction on indictment (a hearing before a jury)
A fine of up to £5000.
A prison term not exceeding two years.
An order to do any of the following:
Muzzle the dog at all times in a public place.
Keep the dog on lead at all times in a public place.
Neuter the dog if not already done so.
A Destruction Order placed on the dog.
Disqualification of owning an animal for such period as the court deem fit.
While every care has been taken to ensure the information contained is correct it must be noted that the contents of this document are for information only and not to be treated as an extensive guide. If you find yourself directly affected by any legislation you must seek experienced legal representation immediately.