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An Act to prohibit persons from having in their possession or custody dogs belonging to types bred for fighting; to impose restrictions in respect of such dogs pending the coming into force of the prohibition; to enable restrictions to be imposed in relation to other types of dog which present a serious danger to the public; to make further provision for securing that dogs are kept under proper control; and for connected purposes |
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[25th
July 1991]
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1
Dogs bred for fighting
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(1) This
section applies to—
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(a) | any
dog of the type known as the pit bull terrier;
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(b) | any
dog of the type known as the Japanese tosa; and
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(c) | any
dog of any type designated for the purposes of this section by an order
of the Secretary of State, being a type appearing to him to be bred for
fighting or to have the characteristics of a type bred for that purpose.
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(2) No
person shall—
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(a) | breed,
or breed from, a dog to which this section applies;
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(b) | sell
or exchange such a dog or offer, advertise or expose such a dog for sale
or exchange;
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(c) | make
or offer to make a gift of such a dog or advertise or expose such a dog
as a gift;
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(d) | allow
such a dog of which he is the owner or of which he is for the time being
in charge to be in a public place without being muzzled and kept on a lead;
or
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(e) | abandon
such a dog of which he is the owner or, being the owner or for the time
being in charge of such a dog, allow it to stray.
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(3) After
such day as the Secretary of State may by order appoint for the purposes
of this subsection no person shall have any dog to which this section applies
in his possession or custody except—
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(a) | in
pursuance of the power of seizure conferred by the subsequent provisions
of this Act; or
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(b) | in
accordance with an order for its destruction made under those provisions;
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but the
Secretary of State shall by order make a scheme for the payment to the owners
of such dogs who arrange for them to be destroyed before that day of sums
specified in or determined under the scheme in respect of those dogs and
the cost of their destruction.
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(4) Subsection
(2)(b) and (c) above shall not make unlawful anything done with a view to
the dog in question being removed from the United Kingdom before the day
appointed under subsection (3) above.
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(5) The
Secretary of State may by order provide that the prohibition in subsection
(3) above shall not apply in such cases and subject to compliance with such
conditions as are specified in the order and any such provision may take
the form of a scheme of exemption containing such arrangements (including
provision for the payment of charges or fees) as he thinks appropriate.
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(6) A
scheme under subsection (3) or (5) above may provide for specified functions
under the scheme to be discharged by such persons or bodies as the Secretary
of State thinks appropriate.
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(7) Any
person who contravenes this section is guilty of an offence and liable on
summary conviction to imprisonment for a term not exceeding six months or
a fine not exceeding level 5 on the standard scale or both except that a
person who publishes an advertisement in contravention of subsection (2)(b)
or (c)—
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(a) | shall
not on being convicted be liable to imprisonment if he shows that he published
the advertisement to the order of someone else and did not himself devise
it; and
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(b) | shall
not be convicted if, in addition, he shows that he did not know and had
no reasonable cause to suspect that it related to a dog to which this section
applies.
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(8) An
order under subsection (1)(c) above adding dogs of any type to those to
which this section applies may provide that subsections (3) and (4) above
shall apply in relation to those dogs with the substitution for the day
appointed under subsection (3) of a later day specified in the order.
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(9) The
power to make orders under this section shall be exercisable by statutory
instrument which, in the case of an order under subsection (1) or (5) or
an order containing a scheme under subsection (3), shall be subject to annulment
in pursuance of a resolution of either House of Parliament.
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Commencement
order: SI 1991/1742.
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Appointed Day |
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Appointed
Day for the purposes of sub-s (3): 30 November 1991: see SI 1991/1742.
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2
Other specially dangerous dogs
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(1) If
it appears to the Secretary of State that dogs of any type to which section
1 above 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 subsection (2)(d) and (e) of that section.
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(2) An
order under this section may provide for exceptions from any restriction
imposed by the order in such cases and subject to compliance with such conditions
as are specified in the order.
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(3) An
order under this section may contain such supplementary or transitional
provisions as the Secretary of State thinks necessary or expedient and may
create offences punishable on summary conviction with imprisonment for a
term not exceeding six months or a fine not exceeding level 5 on the standard
scale or both.
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(4) In
determining whether to make an order under this section in relation to dogs
of any type and, if so, what the provisions of the order should be, the
Secretary of State shall consult with such persons or bodies as appear to
him to have relevant knowledge or experience, including a body concerned
with animal welfare, a body concerned with veterinary science and practice
and a body concerned with breeds of dogs.
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(5) The
power to make an order under this section shall be exercisable by statutory
instrument and no such order shall be made unless a draft of it has been
laid before and approved by a resolution of each House of Parliament.
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Commencement
order: SI 1991/1742.
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Transfer of Functions |
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Functions
of the Secretary of State, so far as exercisable in relation to Wales, transferred
to the National Assembly for Wales, by the National Assembly for Wales (Transfer
of Functions) Order 1999, SI 1999/672, art 2, Sch 1.
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3
Keeping dogs under proper control
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(1) If
a dog is dangerously out of control in a public place—
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(a) | the
owner; and
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(b) | if
different, the person for the time being in charge of the dog,
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is guilty
of an offence, or, if the dog while so out of control injures any person,
an aggravated offence, under this subsection.
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(2) In
proceedings for an offence under subsection (1) above 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 at the material
time 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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(3) If
the owner or, if different, the person for the time being in charge of a
dog allows it to enter a place which is not a public place but where it
is not permitted to be and while it is there—
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(a) | it
injures any person; or
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(b) | there
are grounds for reasonable apprehension that it will do so,
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he is
guilty of an offence, or, if the dog injures any person, an aggravated offence,
under this subsection.
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(4) A
person guilty of an offence under subsection (1) or (3) above 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 or both; and a person guilty of an aggravated offence under either
of those subsections is liable—
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(a) | on
summary conviction, to imprisonment for a term not exceeding six months
or a fine not exceeding the statutory maximum or both;
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(b) | on
conviction on indictment, to imprisonment for a term not exceeding two years
or a fine or both.
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(5) It
is hereby declared for the avoidance of doubt that an order under section
2 of the Dogs Act 1871 (order on complaint that dog is dangerous and not
kept under proper control)—
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(a) | may
be made whether or not the dog is shown to have injured any person; and
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(b) | may
specify the measures to be taken for keeping the dog under proper control,
whether by muzzling, keeping on a lead, excluding it from specified places
or otherwise.
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(6) If
it appears to a court on a complaint under section 2 of the said Act of
1871 that the dog to which the complaint relates is a male and would be
less dangerous if neutered the court may under that section make an order
requiring it to be neutered.
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(7) The
reference in section 1(3) of the Dangerous Dogs Act 1989 (penalties) to
failing to comply with an order under section 2 of the said Act of 1871
to keep a dog under proper control shall include a reference to failing
to comply with any other order made under that section; but no order shall
be made under that section by virtue of subsection (6) above where the matters
complained of arose before the coming into force of that subsection.
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Commencement
order: SI 1991/1742.
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4
Destruction and disqualification orders
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(1) Where
a person is convicted of an offence under section 1 or 3(1) or (3) above
or of an offence under an order made under section 2 above the court—
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(a) | may
order the destruction of any dog in respect of which the offence was committed
and[, subject to subsection (1A) below,] shall do so in the case of an offence
under section 1 or an aggravated offence under section 3(1) or (3) above;
and
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(b) | may
order the offender to be disqualified, for such period as the court thinks
fit, for having custody of a dog.
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[(1A) Nothing
in subsection (1)(a) above shall require the court to order the destruction
of a dog if the court is satisfied—
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(a) | that
the dog would not constitute a danger to public safety; and
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(b) | where
the dog was born before 30th November 1991 and is subject to the prohibition
in section 1(3) above, that there is a good reason why the dog has not been
exempted from that prohibition.]
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(2) Where
a court makes an order under subsection (1)(a) above for the destruction
of a dog owned by a person other than the offender, . . . the owner may
appeal to the Crown Court against the order.
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(3) A
dog shall not be destroyed pursuant to an order under subsection (1)(a)
above—
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(a) | until
the end of the period for giving notice of appeal against the conviction
or . . . , against the order; and
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(b) | if
notice of appeal is given within that period, until the appeal is determined
or withdrawn,
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unless
the offender and, in a case to which subsection (2) above applies, the owner
of the dog give notice to the court that made the order that there is to
be no appeal.
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(4) Where
a court makes an order under subsection (1)(a) above it may-—
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(a) | appoint
a person to undertake the destruction of the dog and require any person
having custody of it to deliver it up for that purpose; and
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(b) | order
the offender to pay such sum as the court may determine to be the reasonable
expenses of destroying the dog and of keeping it pending its destruction.
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(5) Any
sum ordered to be paid under subsection (4)(b) above shall be treated for
the purposes of enforcement as if it were a fine imposed on conviction.
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(6) Any
person who is disqualified for having custody of a dog by virtue of an order
under subsection (1)(b) above may, at any time after the end of the period
of one year beginning with the date of the order, apply to the court that
made it (or a magistrates’ court acting for the same petty sessions area
as that court) for a direction terminating the disqualification.
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(7) On
an application under subsection (6) above the court may—
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(a) | having
regard to the applicant’s character, his conduct since the disqualification
was imposed and any other circumstances of the case, grant or refuse the
application; and
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(b) | order
the applicant to pay all or any part of the costs of the application;
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and where
an application in respect of an order is refused no further application
in respect of that order shall be entertained if made before the end of
the period of one year beginning with the date of the refusal.
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(8) Any
person who—
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(a) | has
custody of a dog in contravention of an order under subsection (1 )(b) above;
or
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(b) | fails
to comply with a requirement imposed on him under subsection (4)(a) above,
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is guilty
of an offence and liable on summary conviction to a fine not exceeding level
5 on the standard scale.
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(9) In
the application of this section to Scotland—
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(a) | in
subsection (2) for the words “Crown Court against the order” there shall
be substituted the words “High Court of Justiciary against the order within
the period of seven days beginning with the date of the order”;
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(b) | for subsection (3)(a) there shall be substituted— |
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“(a) | until the end of the period of seven days beginning with the date of the order”; |
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(c) | for subsection (5) there shall be substituted— |
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“(5) | [Section 221 of the Criminal Procedure (Scotland) Act 1995] shall apply in relation to the recovery of sums ordered to be paid under subsection (4)(b) above as it applies to fines ordered to be recovered by civil diligence in pursuance of [Part XI] of that Act.”; and |
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(d) | in
subsection (6) the words “(or a magistrates’ court acting for the same petty
sessions area as that court)” shall be omitted.
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NOTES
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Commencement
order: SI 1991/1742.
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Amendment |
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Sub-s
(1): in para (a) words in square brackets inserted by the Dangerous Dogs
(Amendment) Act 1997, s 1(1). Sub-s (1A): inserted by the Dangerous Dogs (Amendment) Act 1997, s 1(2). Sub-ss (2), (3): words omitted repealed by the Dangerous Dogs (Amendment) Act 1997, s 1(3), (4). Sub-s (9): words in square brackets substituted by the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995, s 5, Sch 4, para 81. |
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[4A
Contingent destruction orders]
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[(1) Where—
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(a) | a
person is convicted of an offence under section 1 above or an aggravated
offence under section 3(1) or (3) above;
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(b) | the
court does not order the destruction of the dog under section 4(1)(a) above;
and
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(c) | in
the case of an offence under section 1 above, the dog is subject to the
prohibition in section 1(3) above,
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the court
shall order that, unless the dog is exempted from that prohibition within
the requisite period, the dog shall be destroyed.
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(2) Where
an order is made under subsection (1) above in respect of a dog, and the
dog is not exempted from the prohibition in section 1(3) above within the
requisite period, the court may extend that period.
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(3) Subject
to subsection (2) above, the requisite period for the purposes of such an
order is the period of two months beginning with the date of the order.
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(4) Where
a person is convicted of an offence under section 3(1) or (3) above, the
court may order that, unless the owner of the dog keeps it under proper
control, the dog shall be destroyed.
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(5) An
order under subsection (4) above—
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(a) | may
specify the measures to be taken for keeping the dog under proper control,
whether by muzzling, keeping on a lead, excluding it from specified places
or otherwise; and
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(b) | if
it appears to the court that the dog is a male and would be less dangerous
if neutered, may require it to be neutered.
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(6) Subsections (2) to (4) of section 4 above shall apply in relation to an order under |