Laws & Legal | Leash And Release

Dogs Act 1871

The Dogs Act 1871 is one of the earliest pieces of UK legislation aimed at dealing with dangerous dogs. Although parts of it have been repealed or replaced by newer laws (like the Dangerous Dogs Act 1991), Section 2 of the Dogs Act 1871 is still in force and plays an important role in dog control today.

Section 2 – Dealing with Dangerous Dogs. This is the key active part of the Act. It allows for civil proceedings to be brought before a magistrates' court when a dog is considered dangerous and not under proper control. Any person (not just the police or local authority) can file a complaint to the magistrates' court if they believe a dog is: Dangerous, and not kept under proper control.

No injury needs to have occurred. The dog doesn’t have to have bitten or attacked anyone. The law is preventative — it allows action to be taken before an incident occurs, based on threatening or aggressive behaviour.

The dangerous dogs act 1991.

The Dangerous Dogs Act 1991 (DDA) bans certain types of dogs, and makes it illegal for any dog to be dangerously out of control. Banned breeds are identified based on their physical characteristics, not genetics. Owners of all dogs must prevent them from being dangerously out of control, with penalties including fines, prison, and disqualification from owning a dog. Dogs that have been seized are either destroyed or, if they prove to be not a danger, placed on an Index of Exempted Dogs with strict conditions like being muzzled and neutered.

Banned breeds

What it does: The Act prohibits specific breeds or types of dogs, including Pit Bull Terrier, Japanese Tosa, Dogo Argentino, and Fila Brasileiro, and more recently the XL Bully.
How it works: A dog can be seized if it is suspected to be a banned type based on physical characteristics.
Key point: The identification of a banned dog is based on its appearance, not its genetics.

'Dangerously out of control'

What it means: A dog is considered dangerously out of control if it causes a person to fear it may injure them.
Injury: If a dog injures a person, the offence is aggravated.
Location: This applies to any place, including private property.
Owner liability: The owner is responsible if their dog is out of control, even if they did not anticipate the behaviour.

Seizure and penalties

Seizure: The police can seize a dog if it is suspected of being a banned type or if it is dangerously out of control.
Penalties for a dog out of control:
- Unlimited fine or up to 6 months in prison (or both).
- May be disqualified from owning a dog in the future.
- The dog may be destroyed.
Penalties for causing injury:
- Up to 5 years in prison or a fine (or both).
Penalties for causing death:
- Up to 14 years in prison or an unlimited fine (or both).

Exempted dogs

What they are: Dogs that are proven to not be a danger to the public can be added to the Index of Exempted Dogs.

The countryside code.

The Countryside Code requires dog owners to control their dogs to prevent them from disturbing livestock, people, and wildlife. This includes keeping dogs on a short lead, especially between March 1st and July 31st to protect ground-nesting birds, and always cleaning up dog waste. Owners should not take dogs into fields with young farm animals and should be prepared to release the dog if a farm animal becomes aggressive.

Dog control and livestock

Keep dogs on a short lead in areas with livestock and never let them worry or attack farm animals.
Do not take your dog into fields with young farm animals like lambs or calves.
If cattle become aggressive, release your dog so it can escape, and do not try to protect it.
You must by law have your dog on a lead on public rights of way.
By law, you must have your dog on a lead on open access land between March 1st and July 31st.

Wildlife

Keep your dog on a short lead between March 1st and July 31st to avoid disturbing ground-nesting birds.
Keep your dog on paths to avoid disturbing wildlife, even if the dog is off-lead.
Do not disturb wildlife in any way, as many species are vulnerable during breeding seasons.

Dog waste

Always clean up after your dog.
Bag it and bin it in any public waste bin or take it home to dispose of in your own household bin.
Never leave bagged dog waste on the ground, even temporarily.

Other situations

Prevent your dog from approaching people or their dogs uninvited.
Keep your dog under control to prevent it from scaring people, especially horse riders.
If you find yourself in a threatening situation with livestock or horses, drop your dog's lead and get out of the area as quickly as possible.
Be aware of potential dangers, such as poisoned meat, and prevent your dog from eating anything it finds.

Road Traffic Act 1988, Section 27.

(1)A person who causes or permits a dog to be on a designated road without the dog being held on a lead is guilty of an offence.

(2)In this section “designated road” means a length of road specified by an order in that behalf of the local authority in whose area the length of road is situated.

(3)The powers which under subsection (2) above are exercisable by a local authority in England and Wales are, in the case of a road part of the width of which is in the area of one local authority and part in the area of another, exercisable by either authority with the consent of the other.

(4)An order under this section may provide that subsection (1) above shall apply subject to such limitations or exceptions as may be specified in the order, and (without prejudice to the generality of this subsection) subsection (1) above does not apply to dogs proved—

(a)to be kept for driving or tending sheep or cattle in the course of a trade or business, or

(b)to have been at the material time in use under proper control for sporting purposes.

(5)An order under this section shall not be made except after consultation with the chief officer of police.

(6)The Secretary of State may make regulations—

(a)prescribing the procedure to be followed in connection with the making of orders under this section, and

(b)requiring the authority making such an order to publish in such manner as may be prescribed by the regulations notice of the making and effect of the order.

(7)In this section “local authority” means—

(a)in relation to England and Wales, the council of a county, metropolitan district or London borough or the Common Council of the City of London, and

(b)in relation to Scotland, a [F1council constituted under section 2 of the Local Government etc. (Scotland) Act 1994].

(8)The power conferred by this section to make an order includes power, exercisable in like manner and subject to the like conditions, to vary or revoke it.

Dogs (Protection of Livestock) (Amendment) (Scotland) Act 2021:

Maximum penalties increased: up to £40,000 fine or 12 months imprisonment, or both, for those found guilty.

Previously, the 1953 Act had a much lower ceiling (a fine up to level 3 on the standard scale, which was about £1,000).

The law now more clearly refers to attacking or worrying livestock. The word “attack” is made more prominent.

“Livestock” is redefined/expanded to include additional species: camelids (e.g. alpacas, llamas), ostriches, farmed deer, enclosed game birds, buffalo, etc.

“Agricultural land” definition widened: includes woodland used for grazing, and land used for raising game birds.

New powers for enforcement / investigation. Police can seize dogs suspected of attacking or worrying livestock, not just in the field where the incident occurred but from nearby land etc, for evidence gathering. Powers to enter land, search, seize, detain dogs etc, to gather evidence.

Courts can impose additional orders on convicted persons. Disqualification: Court may prohibit a convicted person from owning or keeping dogs for a period. The court may order that the person must prevent their dogs from going onto agricultural land where livestock are or likely to be. Breach of these orders is itself an offence, punishable by fine (up to level 5 on standard scale).

Changes to definitions and clarifications: Clarifies what constitutes “worrying” livestock (includes chasing livestock such that there could reasonably be expected injury, or suffering, or abortion or loss in produce, etc).

Assistance dogs (guide dogs, dogs for people with disabilities etc) are treated with exemptions, but only when they are working in the role. If they are off-duty but still in a field of sheep, that might be an offence.

The law aims to reduce incidents of livestock suffering, economic loss to farmers, and distress caused by dogs that are not properly controlled.

Scottish Parliament encourages dog owners to take more care, especially in rural/agricultural settings. Gives police better tools to enforce the law and collect evidence so prosecutions can be more effective.

Dogs (Protection of Livestock) Act 1953

This law was introduced to protect livestock from being chased or attacked by dogs when they are on agricultural land. It is an offence if a dog "worries" livestock on agricultural land. "Worrying" includes:

Attacking livestock
Chasing livestock in a way that could reasonably cause: Injury, Suffering, Miscarriage, Loss of produce (e.g. milk drop)
Being at large (i.e. not on a lead or under close control) in a field containing sheep.

What animals count as "livestock"?

Cattle
Sheep
Goats
Pigs
Horses
Poultry (e.g. chickens, ducks, etc.)
Scotland (from 2021) also includes alpacas, llamas, game birds, deer, buffalo, etc.

What is "agricultural land"?

Land used for:

Grazing
Raising crops
Farming purposes
Includes fields, paddocks, or enclosed areas used to keep or breed livestock.

Even if the owner is not present, they can be held responsible if: their dog is off-lead or out of control in a field of livestock, their dog chases or attacks livestock. Farmers may also have a common law right to protect their livestock, which can include shooting a dog that is actively attacking livestock, though this is a last resort and must be legally justified.

Section 8 Animal Welfare Act 2006

This section makes it an offence to be involved in animal fighting.

It is a criminal offence to: Cause an animal fight to take place (e.g. organising dog fights). Participate in an animal fight (e.g. as a handler, promoter, or by bringing animals). Knowingly receive money for admission to an animal fight. Publicise or promote an animal fight. Bet on an animal fight. Train animals to fight. Keep or possess anything for use in connection with animal fighting (e.g. fighting pits, harnesses, treadmills for training dogs, etc). Record (e.g. film) an animal fight or knowingly possess recordings of fights for entertainment.

What is meant by "animal fighting"? Animal fighting refers to organised fights between animals (typically dogs, cocks, or other species). It does not include natural aggression between animals in the wild or accidents. The law targets fights that are deliberately arranged for sport, entertainment, betting or gain.