the … An Act to provide further Protection against Dogs [24th July 1871] 1 . Where the police / local authority has applied for a Gang Injunction, prosecutors should be alert to possible disclosure implications. Prosecutors should remind the court to consider disqualifying the defendant from having custody of a dog for a period of time and should remind the court that a Destruction Order in relation to the dog must be considered. Part 19 applies where a party wants to introduce expert opinion evidence. They may order destruction of the dog but such orders are very rare. ‘Dangerous’ should be given its ordinary everyday meaning. The 2014 Act increased the maximum penalties for aggravated offences under section 3 of the 1991 Act to14 years’ imprisonment where the death of a person is involved. The Dogs Act 1906 amended the Dogs Act 1871 in that it defines a dog as ‘dangerous’ where it injures cattle or poultry or chases sheep (section 1(4)). In deciding whether to make a CDO instead of an immediate Destruction Order the court must be satisfied that the dog does not constitute a danger to public safety (section 4(1A) of the 1991 Act). Where the police are not the prosecution’s expert witness, they will identify an expert witness from a suitable organisation. It is an offence, punishable on summary conviction by a fine not exceeding level 2 on the standard scale to-. The serious nature of these cases usually means that a prosecution will be in the public interest. Section 3 of the Dogs (Protection of Livestock) Act 1953 defines ‘livestock’ as being cattle, sheep, goats, swine, horses or poultry. It must also be borne in mind that a prohibited dog cannot be gifted to another person and a Court ordering someone else to take charge of the dog for the remainder of the dog’s life is exposing that prohibited dog as a de facto gift. make a Contingent Destruction Order seemingly transferring the dog to another person who is not the owner or factually in charge of the prohibited dog (it is illegal to give a prohibited dog away); or. Regulation 8 requires a new keeper to update the information on the database on the transfer of keepership and prevents a dog from being transferred to a new keeper until it has been micro-chipped. The Dogs Act 1871 is an Act of the Parliament of the United Kingdom which deals with the handling of stray and dangerous dogs. An offence is committed by the owner or person in charge of a dog if it worries livestock on any agricultural land, (section 1 Dogs (Protection of Livestock) Act 1953). 2.5 Non affiliates. There is no specific offence of breaching a CDO. Acceptable Behaviour Contracts . The section does not create an offence. The alternative is a Control Order (with or without conditions) and the owner will probably have to pay costs. As a general principle, lower levels of culpability and risk would be unlikely to lead to a prosecution, whereas higher level of blameworthiness and danger to the public would be more likely to lead to a prosecution. Public interest factors to consider include: The following points should be considered as mitigation rather than PI factors suggesting against prosecution: Prosecutors are reminded that each individual case must be considered on its own particular set of facts and its own merits. See Annex C for example intervention letters. Under the 2015 Order the substitution of a person in charge of an exempted dog is only permitted if the owner or person dies or is seriously ill. A failure to comply with the procedure set out in the 2015 Order may result in an offence being committed as the prohibited dog will not be exempt. In a case which involves a dog dangerously out of control, a choice lies between an application by way of a civil complaint under the Dogs Act 1871 for an Order for the control or destruction of a dog, and a criminal prosecution under the Dangerous Dogs Act 1991. Help us to improve our website; let us know The number of persons proceeded against at magistrates' court under Section 2 of the Dogs Act 1871, within Wales police force areas, from 1997 to 2014 (the latest available), can be viewed in table 1. DEFRA Legal Advisers have developed two documents for prosecutors. Cases involving death will inevitably be one of the most serious matters to be dealt with by prosecutors. It covers private and public property. The court may also consider any other relevant circumstances, (section 4(1B) of the 1991 Act). 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