Understanding the Law on Having a Dog Dangerously Out of Control Under Section 3 of the Dangerous Dogs Act 1991

Under Section 3 of the Dangerous Dogs Act 1991, it is an offence to allow a dog to be dangerously out of control, whether in a public or private place. This law applies to all breeds and is designed to prevent incidents where dogs pose a risk to public safety. The offence is treated seriously, particularly if the dog injures someone or if there are aggravating factors involved. Penalties can include imprisonment, fines, and the destruction of the dog in extreme cases.

At Allen Hoole Solicitors, we have extensive experience in handling cases involving dogs dangerously out of control. Our team of experienced solicitor advocates and dog law expert Lisa Rowley work alongside the best dog behaviour experts to provide thorough legal representation and defence in such cases.

Standard vs. Aggravated Offence

There are two types of offences under Section 3 of the Dangerous Dogs Act 1991:

Standard Offence

This applies when a dog is deemed to be dangerously out of control but does not cause injury. In this case, the penalties are less severe, with potential fines or a community order. However, if the court determines that the dog is a danger to the public, it may still order the destruction of the dog.

Aggravated Offence

This occurs when a dog is dangerously out of control and causes injury to a person or an assistance dog. The aggravated offence carries much more severe penalties, including imprisonment for up to five years, or up to 14 years if the dog causes death. Additionally, the court may order the destruction of the dog unless a defence can successfully demonstrate that the dog is not a danger to the public.

Available Defences

There are several defences available to someone accused of allowing a dog to be dangerously out of control. These include:

Reasonable Measures Taken

One defence is to show that the owner took reasonable steps to prevent the dog from being out of control. This may involve demonstrating that the dog was properly restrained or that the incident was a one-off event caused by provocation or other factors outside the owner’s control.

Defence Under *R v. Robinson-Pierre [2013] EWCA Crim. 2396

We have successfully used the legal principles established in R v. Robinson-Pierre in numerous cases. In this landmark case, it was held that for the offence to apply, the prosecution must show that the owner was responsible for the dog's actions, either by direct involvement or by failing to take reasonable steps to prevent the dog from becoming dangerously out of control. This defence is particularly useful when the dog’s behaviour was out of character or occurred despite the owner’s responsible actions.

Breed and Temperament Assessments

Expert opinions can be pivotal in dangerous dog cases, particularly when assessing the breed and temperament of the dog. At Allen Hoole Solicitors, we work with leading dog behaviour experts to assess whether a dog is truly dangerous or if its behaviour can be explained by other factors. A favourable temperament assessment can lead to a contingent destruction order, which allows the dog to live under certain conditions, such as being muzzled in public, rather than being destroyed.

Dangerous Dog Exemption Process

In cases where a dog is classified as a banned breed, such as the XL Bully, we can assist with the dangerous dog exemption process. This involves applying for the dog to be placed on the Index of Exempted Dogs, allowing it to be kept by the owner under strict conditions. We help our clients navigate this process, including the requirements for microchipping, neutering, and obtaining the appropriate insurance.

Expert Representation and Why Choose Us

At Allen Hoole Solicitors, our in-house expert Lisa Rowley has extensive experience in dangerous dog cases and works with the best behaviourists and legal experts to provide comprehensive representation. As one of the largest firms in the South West of England, we offer an advantage with our deep knowledge of the law and access to specialist barristers who can provide high-level defence.

We are available to represent clients at every stage, whether they are being questioned at police stations or defending their case in court. Our experience, combined with our access to top forensic experts, gives us a unique edge in challenging evidence and securing the best outcomes for our clients.

If you or someone you know is facing charges under the Dangerous Dogs Act 1991, contact Allen Hoole Solicitors today. We are available 24/7 to provide expert legal advice and ensure the best possible outcome for both you and your dog.