Author Topic: Section 2 Dogs Act 1871  (Read 2261 times)

Offline Bunter

  • Hero Member
  • *****
  • Posts: 6,004
  • Gender: Female
Section 2 Dogs Act 1871
« on: October 30, 2009, 14:59:08 PM »
The full Act is here

This is a civil complaint, although as it is heard in a Magistrates' Court, it is often incorrectly said to be criminal. It occurs if a dog is not kept under proper control and is dangerous. Generally is dog is regarded as not being under proper control if it is not on a lead or muzzled.

Unlike the Dangerous Dogs Act 1991:

* it applies regardless of where the incident takes place
* proceedings can only be brought against the owner
* a dog can show itself to be dangerous in its general behaviour, not just its behaviour towards a person
* a single incident is generally insufficient to prove that a dog is dangerous, unless the Court believes that the single incident is exceptional
* there is no presumption in favour of destruction of the dog
* the Police have no power to seize a dog pending proceedings
* the Court has no power to fine or order compensation
* The Court has unfettered discretion on what to do to the dog. They may order destruction of the dog but such orders are very rare. The alternative is a Control Order (with or without conditions) and the owner will probably have to pay costs.

So, if the DDA does not apply (eg in not in a public place), then a person can take proceedings under the Dogs Act 1871.  For instance if your dog bit someone while they were in your house.  This would not involve the police though as it is not a criminal offence.
« Last Edit: January 29, 2010, 18:32:51 PM by Bunter »