Dangerous Dogs

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(1) the Control of Dogs (Scotland) Act, 2010,

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which provides an offence relating to dogs which are dangerous and not kept under proper control

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(2) the Dangerous Dogs Act 1991,

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which covers offences relating to dogs being dangerously out of control, fighting dogs, and powers of seizure and destruction.

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SECTION 1
Dangerous Dogs
SECTION 1 CONTROL OF DOGS (SCOTLAND) ACT 2010

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Section 1 of the Control of Dogs (Scotland) Act 2010 deals
with the service and content of dog control notices.

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If it comes to the attention of an authorised officer that a dog has, on at least one occasion, been out of control, the officer may serve on the proper person

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a written notice (to be known as a “dog control notice”) requiring the person to bring and keep the dog under control.

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Dangerous Dogs
SECTION 1 CONTROL OF DOGS (SCOTLAND) ACT 2010
In this Act, references to the “proper person”, in relation to any dog, are to—

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(a) its owner (or, if its owner has not attained the age of 16 years, a person who has parental responsibilities in relation to its owner), or
(b) if either—
(i) it is not apparent, after reasonable inquiry, to the
authorised officer who the dog’s owner (or the person having parental responsibilities in relation to its owner) is, or
(ii) it appears to the authorised officer that the circumstances are such that it would not be reasonable to serve a dog control notice on the dog’s owner (or on the person having such parental responsibilities), any person who has attained the age of 16 years and who appears to the authorised officer
to have day-to-day charge of the dog.

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Dangerous Dogs
SECTION 1 CONTROL OF DOGS (SCOTLAND) ACT 2010
In this Act, references to an “authorised officer” are to...

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an officer appointed for the purposes of this Act by a local authority; and each local authority must appoint at least one such officer.

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In appointing any person to be such an “authorised officer” a local authority are to satisfy themselves that the person is...

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skilled in the control of dogs and has the capacity to instruct and advise others in matters relating to the control of dogs.

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SECTION 2
Dogs Dangerously Out of Control
SECTION 3(1) DANGEROUS DOGS ACT 1991
Section 3(1) of the Dangerous Dogs Act 1991 creates an
offence for:—

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· the owner; and
· if different, the person in charge of the dog
to allow a dog to be dangerously out of control in any place (whether or not a public place). If the dog injures any person there is an aggravation of this offence.

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There is no simple
answer as to what would be considered by a court as
‘dangerously out of control’. The following are some
examples:—

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· A dog carries out an unprovoked attack on a person,
biting and injuring them.
· A dog that persistently attacks and fights with other
dogs or animals without provocation.
· A dog that chases members of the public in an
aggressive manner, attempting to bite them but
without doing so.
· A dog that does not respond to its owner’s
instructions and causes danger to others by its
actions, eg, by running onto a busy roadway

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It is a statutory defence for the owner of the dog, if they
reasonably believed that the person in control of the dog at the material time was

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a fit and proper person to be in charge of it.

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SECTION 3 DANGEROUS DOGS ACT 1991
Section 3 of the Dangerous Dogs Act 1991 requires proof
that:—

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(1) The dog was out of control, and
(2) That the lack of control was dangerous.

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SECTION 3
Fighting Dogs
SECTION 1 DANGEROUS DOGS ACT 1991 OFFENCES

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Section 1 of the Dangerous Dogs Act 1991 classifies Pit Bull Terriers, Japanese Tosas, Fila Braziliero and Dogo Argentino as ‘fighting dogs’

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The Secretary of State has the power to designate any other type of dog to be a ‘fighting dog’ if

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it appears to him to be a type bred for fighting. You should note that Section 1 of this Act refers to ‘types’ of dog, and not ‘breeds’. This is because none of the above dogs are recognised breeds in Great Britain. The intention of this Act is to provide a practical approach to broadly identify dogs as being ‘of the type’.

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Section 1 will apply not only to ‘pure’ Pit Bull Terriers, but also to any dog...

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of the type’ known as Pit Bull
Terriers, and will include cross breeds if the resulting dog has physical and behavioural characteristics of the prohibited type

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You should be aware that some owners may deliberately try to misrepresent their breed of dog to avoid this legislation, by using such terms as...

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American Staffordshire Terriers (Am
Staffs) or American Bulldogs.

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A general test should be by reference to recognised
characteristics of the type, rather than by reference to breed. If in doubt, you should...

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consult a vet, or someone with similar
expert knowledge, to give their opinion as to whether or not a dog is of the appropriate type.

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Section 1(2) of the Dangerous Dogs Act 1991 refers to the
above dogs and creates an offence to:—

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(a) Breed, or breed from, a Section 1 dog;
(b) Sell or exchange a Section 1 dog, or offer, advertise or expose such a dog for sale;
(c) Make, or offer to make, a gift of a Section 1 dog, or
advertise or expose such a dog as a gift;
(d) As the owner or person in charge of a Section 1 dog, allow it to be in a public place without being muzzled and kept on a lead;
(e) As the owner or person in charge of a Section 1 dog,
abandon it or allow it to stray.
It would appear that the only way that a Section 1 dog can change hands is upon the death of its owner.

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Section 1(2) of the Dangerous Dogs Act 1991 defences

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In the case of persons making an advertisement, if:—
(i) they published the advertisement on behalf of another, and did not themselves devise it; and
(ii) they did not know, nor have reasonable cause to suspect that the dog was a Section 1 dog.

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When first introduced, one of the main purposes of this legislation was to completely eradicate these ‘fighting dogs’ from the British Isles. As from 30 November 1991, Section 1(3) of the Dangerous Dogs Act 1991 created an offence for any person to have a Section 1 dog in their possession or custody, unless the dog was being held for one of the following reasons:—

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(1) The dog has been seized under powers conferred by this Act;
(2) The dog is being held in accordance with a Destruction Order;
(3) The dog is exempted under the Act.
At the time of writing, research showed that there were no Dogo Argentino or Fila Braziliero dogs, and only one Japanese Tosa in the United Kingdom. In Scotland, the numbers of Pit Bull Terriers have dwindled dramatically, due to this legislation

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At the time this legislation was introduced, there were a
number of people in the UK who owned these types of
‘fighting dogs’. To allow these existing owners to continue to keep the dogs that they already had, they had to meet certain conditions to be exempted from the banning provisions.

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G Gift
A Abandon
M Muzzled
B Breed
L Lead
E Exchange
S Sell

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To obtain a Certificate of Exemption, the owner of a Section 1 dog must apply to both

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the Police and the Index of Exempted Dogs.

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When the dog has been exempted a Certificate of
Exemption will be issued. The certificate will impose theConditions of Exemption following conditions and will only remain valid provided they are all met:—

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(1) The dog is kept in secure conditions to prevent its escape;
(2) The dog is kept muzzled and on a lead when in public;
(3) Third party insurance must be kept valid;
(4) The dog’s keeper must show the police or local authority on request, the Certificate of Exemption (within 5 days of request), display the dog’s tattoo and allow the transponder to be read;
(5) The ‘Index of Exempted Dogs’ must be notified of any change of address at which the dog is kept for more that 30 days;
(6) The ‘Index of Exempted Dogs’ must be notified of the death or export of the dog.

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DANGEROUS DOGS ACT 1991
SECTION 4 Conditions for Exemption
Note: Section 7 provides two important definitions which relate to this legislation:—

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‘Muzzled’ means securely fitted with a muzzle sufficient to prevent it biting any person.
‘Kept on a lead’ means securely held on a lead by a person who is not less than 16 years old.
From the above you can see that no child should ever be in charge of a Section 1 dog. Where such a dog is owned by a child, the term ‘owner’ applies to the person who has actual care and control of the child. This is to prevent owners avoiding prosecution by claiming that the dog belonged to a child or other young person (Section 6).

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In practical terms, if any of the above conditions are not met, the Certificate of Exemption will be...

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rendered invalid, and the dog will be illegally held.

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You should note that where a dog has been illegally held, the courts can order...

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it’s destruction or make an order to allow it
to be exempted

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Mnemonic - PET FIRST

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P Police notified
E Exemption
cert.
T Tattoo
F Fee paid
I Insurance
R Requirements
of cert.
complied with
S Spayed/neutered
T Transponder

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SECTION 5
Powers of Seizure
SECTION 5(1) DANGEROUS DOGS ACT 1991
Section 5(1) of the Dangerous Dogs Act 1991 provides that a constable or local authority dog warden may seize any dog which is in a public place and which appears to be:—

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· A Section 1 dog and does not comply with the
exempted conditions; or
· A dog which is dangerously out of control.

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SECTION 5
Powers of Seizure
SECTION 5(1) DANGEROUS DOGS ACT 1991
If you suspect that an offence is being committed in a private place, you have...

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no power to enter that place unless you
obtain a warrant.

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SECTION 5(2) DANGEROUS DOGS ACT 1991
Section 5 (2) of the Act provides that if a Sheriff or Justice of the Peace is satisfied by information on oath, he may issue a warrant which authorises a constable...

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to enter (by force if necessary) and search those premises. The warrant also authorises a constable to seize a dog or any other thing which is evidence of the comission of an offence.

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POWERS OF COURTS
Section 4(1) of the Dangerous Dogs Act 1991 outlines the powers of courts to deal with dangerous dogs and their owners.
Generally speaking, if a person is convicted of an offence under Section 1 (fighting dogs) or Section 3 of the Act (dogs dangerously out of control), then the court:—

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(a) may order the destruction of the dog concerned; and
(b) may order the offender to be disqualified from having custody of a dog, for such a period as the court sees fit. Courts have been given the power to exercise discretion in sentencing in certain circumstances. Nothing in this legislation shall require the court to order the destruction of a dog. Courts will consider all of the circumstances before deciding upon the fate of a dog, however, the presumption of destruction will always be the case unless there are exceptional circumstances and the dog is judged not to be a
further danger to public safety.

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SECTION 6
Destruction and Disqualification
CONTINGENT DESTRUCTION ORDERS
In the case of unregistered dogs, and where the court does not order the destruction of the dog, the court can order that arrangements be made to have the dog exempted within a...

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‘requisite period’. If the dog is not exempted within period, it shall be destroyed. The ‘requisite period’ is usually 2 months from the date of the order.

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In the case of offences relating to dogs dangerously out of control, the court may order that unless the owner keeps the dog under proper control, it shall be destroyed. This order may also specify measures to keep the dog under proper control, i.e.

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muzzling, keeping on a lead, exclusion from
specified places, requiring a male dog to be neutered, etc.

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DESTRUCTION ORDERS (OTHERWISE THAN ON A
CONVICTION)
In cases where a dog has been seized and it appears that :—
· no person is to be prosecuted (whether because the
owner cannot be found or for any other reason)
· that the dog cannot be released into the custody or
possession of its owner,
· a Sheriff or Justice of the Peace may

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order the destruction of the dog.

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APPEALS
If a court makes an order that a dog be destroyed, the owner can make an appeal against the order to the High Court of Justiciary within seven days of the date of the order. For this reason, the dog concerned shall...

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not be destroyed until the
expiry of the seven day period, or if an appeal is made, until
the appeal is determined.