Dog not under control

 

In the UK, a dog can be ordered to be destroyed if it is deemed dangerously out of control and causes reasonable apprehension of injury, even without actual injury occurring. This is outlined in the Dangerous Dogs Act 1991, specifically under Section 3, and the owner can face severe penalties, including potential destruction of the dog and a prison sentence. 
Here's a more detailed explanation:
1. The Concept of "Reasonable Apprehension":
  • A dog is considered dangerously out of control if it causes a person to reasonably fear they might be injured, even if no physical harm is actually inflicted.
  • This fear must be reasonable, meaning a normal person in the same situation would likely feel the same apprehension.
  • The law doesn't require proof of criminal intent or recklessness on the owner's part. 
2. Legal Framework:
  • Dangerous Dogs Act 1991:
    This act is the primary legislation dealing with dangerous dogs. 
  • Section 3:
    This section focuses on dogs dangerously out of control, including those that cause reasonable apprehension of injury. 
  • Section 2 Dogs Act 1871:
    This act allows for a complaint to be brought before a magistrate if a dog is dangerously out of control. The magistrate can then order the owner to keep the dog under proper control, or in extreme cases, destroy it. 
  • Section 4(1) of the 1991 Act:
    Gives courts the power to order the destruction of a dog if it is found to be dangerous. 
  • Contingent Destruction:
    Courts can order that a dog not be destroyed, provided the owner complies with certain conditions, such as keeping the dog on a lead and muzzled in public. 
3. Penalties and Implications:
  • Destruction of the dog:
    A court can order the dog to be destroyed if it's deemed a danger to public safety. 
  • Owner's penalties:
    Owners can face fines, imprisonment (up to 6 months for a dog dangerously out of control, up to 5 years for causing injury, and up to 14 years for causing death). 
  • Disqualification:
    The court can also disqualify the owner from owning a dog in the future. 
  • Police Powers:
    The police can seize a dog if there is a warrant or if the dog is deemed dangerously out of control and poses an immediate threat. 
4. Key Considerations:
  • No injury required:
    Actual injury is not required for an offense under Section 3; reasonable apprehension of injury is sufficient. 
  • Owner's responsibility:
    The owner is responsible for controlling their dog and ensuring it does not pose a danger. 
  • Appeal:
    If a destruction order is made, there is a limited time (usually 21 days) to appeal the decision. 
  • "Out of control" definition:
    The definition of "out of control" is not limited to the specific examples in Section 10 of the 1991 Act. 
In essence, the law places a high degree of responsibility on dog owners to ensure their dogs are properly controlled and do not cause fear or injury to others. If a dog's behavior leads to reasonable apprehension of injury, even without physical harm, the owner can face serious consequences, including the potential destruction of their dog. 

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