The Dogs Act 1871
Only section two of the Dogs Act 1871 remains in force at the
present time. Section two of the Dogs Act refers to a dog that is dangerous and
not kept under proper control and can result in control orders or destruction
of the dog. The Dogs Act is a civil act and can therefore be brought by anyone.
Unlike Section three of the DDA the Dogs Act covers private and public property
so if a dog is dangerous and not kept under proper control, even on its own
property, a case may be brought. The Dogs Act only applies to the owner of the
dog, regardless of who is in charge of the dog at the time. There isn’t any
presumption towards destruction unlike Section Three. The Dogs Act itself has
no rights of seizure. In a case brought under the Dogs Act the prosecution must
prove that the dog itself is dangerous, not that the dog acted dangerously and
that the dog was not kept under proper control. One incident is often not
enough to prove a dog is dangerous and ensuring the defence team carry out
independent behavioural reports on the dog is strongly recommended. As a civil
act legal aid is not available and the cost of defending a case can be extreme.
Curiously should you lose you may well be granted legal aid on appeal as your
appeal will be under a criminal offence.
