Dangerous dogs
In April, one of many dog attack reports took a sinister twist, after a man was threatened with a set of dogs while he was playing in a park with his children.
The incident in the Downend part of Bristol, happened in the play area of Lincombe Barn Folk Centre. Three youths entered the play area with six dogs, two of which were running around without being on a lead. The man requested the youths remove the dogs from the park as the children were become afraid of them, but instead one of the dog owners became aggressive and threatened him with his dogs. Two of the dogs included large pit bull type dogs.
In April, The Environment Minister Jane Kennedy, announced the publication of new guidance to help police and the local authorities enforce dangerous dogs law more effectively and crack down on the menace of irresponsible dog ownership.
The guidance has been written in association with the police, the RSPCA and local authorities.
It includes an outline of the law on dangerous dogs, sets out best practice for the police and local authorities. It provides guides on identifying pit bull terrier-type dogs and examples of current local initiatives.
Ms Kennedy said: “Dogs play an important role in our communities so it’s vital that people feel safe when they see dogs out and about with their owners.
“This guidance will ensure that the legislation which aims to tackle irresponsible dog ownership is enforced effectively by setting out both the current law and best practice for enforcement agencies.
“We undertook a significant review of the legislation with the police in 2007 and it was clear that, while the legislation was sound, more needed to be done to raise awareness of the law and improve enforcement. This guidance is the latest part in our strategy to do just that.
“We believe that better enforcement of the current law, ideally though local partnerships, will be far more effective at tackling the problem of dangerous dogs than amending it.”
Currently, using dogs to threaten or attack people is an offence, as is allowing dogs to be dangerously out of control in a public area.
The Dangerous Dogs Act 1991 (DDA) prohibits the ownership of certain types of dogs including the the Pit Bull Terrier, the Japanese tosa, the Dogo Argentino and the Fila Brasileiro . The DDA bans ownership, breeding, sale and exchange and advertising for sale of these types of dogs. Owning them can lead the owners to be prosecuted. These dogs were all considered to have been bred specifically to be fighting dogs.
It is also a criminal offence allowing any dog to be dangerously out of control in a public place, or a place where it not allowed.
Being out of control is any occasion where it causes fear or apprehension to a person that it may injure them. If the dog does injure the person then the offence is aggravated. Legal action may be taken against the owner or person in charge of the dog at the time.
Under the Dogs Act 1871 Civil proceedings can be brought at a Magistrates Court by police, local authorities or individual members of the public.
If a Magistrate is satisfied that a complaint is justified they can make any order they feel is appropriate to require the owner to ensure the dog is kept under proper control, or in extreme cases that the dog is destroyed. This is regardless of whether the dog is in a private or public space.
In an addition to the act in 1989, a Magistrate can disqualify an owner from having custody of a dog for any period the court things fit.
The Town Police Clauses Act of 1847 makes it an offence for any person in any street to let an unmuzzled ferocious dog be at large so that it obstructs or annoys the residents or passengers in the street or puts them in danger. It is also an offence to set on or to urge any dog to attack, worry or put in fear any person or animal.
The Metropolitan Police Act of 1839 only differs in that it is a suffienct that an unmuzzled dog be at large. no obstruction, annoyance or danger need be shown, and that the place of the offence is described as any thoroughfare or public place.
If these offences were not enough then the Offences Against the Person Act 1861 makes it an offence to maliciously wound or cause grievous bodily harm (GBH) to another with or without a weapon or instrument.
A spokesperson for the RSPCA advised: “parents to make sure their children around animal at all times – both for the safety of the animal and the child. All animals, including dogs, have the ability to be unpredictable and children may not realise when the animal is giving on signals that it wants to be left alone. Otherwise placid dogs may be aggressive for a number of reasons, including pain, fear or even changes in the weather and that is why is is vital that children are supervised around them at all times.”