Canine Law Mark Callis 13/11/2018 13/11/2018

About Mark Callis 32 years practical law enforcement experience 11/13/2018 About Mark Callis 32 years practical law enforcement experience 27 years as a Dog Control Officer Dog Control Service Manager at Wandsworth Council Associated with all National charity/welfare groups. 13/11/2018 13/11/2018

Types of law Common Law Statute Law Bye Laws 13/11/2018 13/11/2018

Who has a duty to educate dog owners in legal matters? Those responsible for law enforcement functions e.g. Police Officers, Local Authority, or other law enforcement agencies. Dog Training clubs, dog trainers, Establishments that represent dogs (The Kennel Club/The Dogs Trust/RSPCA/Battersea Dogs and Cats Home, Breed rescues ). Owners who place great emphasis on responsibility and care 13/11/2018 13/11/2018

Statute Laws 13/11/2018 13/11/2018

The Dangerous Dogs Act 1991 13/11/2018 13/11/2018

Section 1: Dogs bred for fighting This section refers to any dog of the type known as; Pit Bull Terrier, Japanese Tosa, Dogos Argentinos, and Fila Brazilieros (sub section 2)No person shall; breed or breed from any of these dogs Sell or exchange the dog, or offer, advertise or expose such a dog for sale or exchange 13/11/2018 13/11/2018

Section 1: Dogs bred for fighting This section refers to any dog of the type known as; Pit Bull Terrier, Japanese Tosa, Dogos Argentinos, and Fila Brazilieros (sub section 2)No person shall; breed or breed from any of these dogs Sell or exchange the dog, or offer, advertise or expose such a dog for sale or exchange Make or offer to make a gift of the dog or advertise or expose such a dog as a gift 13/11/2018 13/11/2018

Section 1: Dogs bred for fighting This section refers to any dog of the type known as; Pit Bull Terrier, Japanese Tosa, Dogos Argentinos, and Fila Brazilieros (sub section 2)No person shall; breed or breed from any of these dogs Sell or exchange the dog, or offer, advertise or expose such a dog for sale or exchange Make or offer to make a gift of the dog or advertise or expose such a dog as a gift Allow such a dog, either as owner or person in charge of the dog to be in a public place without being muzzled and kept on a lead 13/11/2018 13/11/2018

Section 1: Dogs bred for fighting This section refers to any dog of the type known as; Pit Bull Terrier, Japanese Tosa, Dogos Argentinos, and Fila Brazilieros (sub section 2)No person shall; breed or breed from any of these dogs Sell or exchange the dog, or offer, advertise or expose such a dog for sale or exchange Make or offer to make a gift of the dog or advertise or expose such a dog as a gift Allow such a dog, either as owner or person in charge of the dog to be in a public place without being muzzled and kept on a lead Abandon such a dog or allow it to stray 13/11/2018 13/11/2018 DDA 1991. M. Callis, Wandsworth

Identification of Section 1 dogs Everybody knows what a Pitbull looks like? Defra guidelines Can you spot the pitbull? 13/11/2018 13/11/2018

Section 2:Other specially dangerous breeds 13/11/2018 13/11/2018

Section 2:Other specially dangerous breeds (1) If it appears to the secretary of state that dogs of any type to which section 1 does not apply present a serious danger to the public he may by order impose in relation to dogs of that type restrictions corresponding, with such modifications, if any, as he thinks appropriate, to all or any of those in section 1 subsection(2)(d) and (e) 13/11/2018 13/11/2018

Section 3:Keeping dogs under proper control 13/11/2018 13/11/2018

Section 3:Keeping dogs under proper control (sub section 1) If a dog is dangerously out of control in a public place - 13/11/2018 13/11/2018

Section 3:Keeping dogs under proper control (sub section 1) If a dog is dangerously out of control in a public place – The owner; and if different, the person for the time being in charge of the dog, is guilty of an offence, or, if the dog whilst so out of control injures any person, an aggravated offence, under this subsection. 13/11/2018 13/11/2018

Section 3:Keeping dogs under proper control (sub section 1) If a dog is dangerously out of control in a public place – The owner; and if different, the person for the time being in charge of the dog, is guilty of an offence, or, if the dog whilst so out of control injures any person, an aggravated offence, under this subsection. (subsection 2) In proceedings for an offence in this section against a person who is the owner of a dog but was not at the material time in charge of it, it shall be a defence for the accused to prove that the dog was in the charge of a person whom he reasonably believed to be a fit and proper person to be in charge of it. 13/11/2018 13/11/2018

Section 3:Keeping dogs under proper control (subsection 3) If the owner, or if different the person in charge of a dog allows it to enter that which is not a public place but where it is not permitted to be and whilst it is there - 13/11/2018 13/11/2018

Section 3:Keeping dogs under proper control (subsection 3) If the owner, or if different the person in charge of a dog allows it to enter that which is not a public place but where it is not permitted to be and whilst it is there - It injures any person; or 13/11/2018 13/11/2018 DDA 1991. M. Callis, Wandsworth

Section 3:Keeping dogs under proper control (subsection 3) If the owner, or if different the person in charge of a dog allows it to enter which is not a public place but where it is not permitted to be and whilst it is there - It injures any person; or There are grounds for reasonable apprehension that it will do so, 13/11/2018 13/11/2018 DDA 1991. M. Callis, Wandsworth

Section 3:Keeping dogs under proper control (subsection 3) If the owner, or if different the person in charge of a dog allows it to enter that which is not a public place but where it is not permitted to be and whilst it is there - It injures any person; or There are grounds for reasonable apprehension that it will do so, He is guilty of an offence, or if the dog injures any person an aggravated offence, under this section. 13/11/2018 13/11/2018

Section 3:Keeping dogs under proper control Penalties: (sub section 4) A person guilty of an offence under sub section(1) or (3)other than an aggravated offence is liable on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale (£5,000) or both: and a person guilty of an aggrevated offence ids liable- On summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both; On conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both. 13/11/2018 13/11/2018

Section 4:Destruction and disqualification orders (subsection 1) Where a person is convicted of an offence under section 1 or 3 (1) or (3) or of an offence under an order made under section 2 the court – May order the destruction of any dog in respect of which the offence was committed. May order the offender to be disqualified for such a period as the court thinks fit, for having custody of a dog. 13/11/2018 13/11/2018

Section 4b What is Section 4b? The Index of exempted dogs Who monitors section 4b dogs? Is breed specific legislation relevant? 13/11/2018 13/11/2018

Spot the Pit Bull Terrier What breed (or cross of breed) are depicted on each page? 25 13/11/2018

26 13/11/2018

American Bull Dog 27 13/11/2018

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Staffordshire Bull Terrier 29 13/11/2018

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Labrador x Beagle 31 13/11/2018

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Staffordshire Bull Terrier 33 13/11/2018

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Mastiff x Great Dane 35 13/11/2018

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American Bull Dog 37 13/11/2018

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American Staffordshire Bull Terrier 39 13/11/2018

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Pitt Bull Terrier 41 13/11/2018

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Pit Bull Terrier 43 13/11/2018

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Irish Staffordshire Bull Terrier 45 13/11/2018

46 13/11/2018

Bull Terriers 47 13/11/2018

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American Bull Dog 49 13/11/2018

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Labrador x Staffordshire Bull Terrier 51 13/11/2018

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American Staffordshire Bull Terrier 53 13/11/2018

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Pit Bull Terrier 55 13/11/2018

Experts at Pit Bull identification? What did you score out of 15? 56 13/11/2018

The Dogs Act 1871 Civil Law, but heard before a district judge. This is the laying of a complaint, not a prosecution The judgement of the case will determine how best to protect the public. It cannot administer punishment to the owner, or if different, the person in charge of the dog. 13/11/2018 13/11/2018

The Dogs Act 1871 c.56 Any court of summary jurisdiction may take cognisance of a complaint that a dog is dangerous, and not kept under proper control, and if it appears to the court, having cognisance of such a complaint that such dog is dangerous, the court may make an order in a summary way directing the dog to be kept by the owner under proper control or destroyed. This refers to both public and private land. 13/11/2018 13/11/2018

Updates to the Dangerous Dogs Act 1991 Compulsory microchipping by April 2016. The act to be extended to include private land. Implementation date is yet to be announced. Contained within the Draft Dangerous Dogs Bill (April 2013) 13/11/2018 13/11/2018

Environmental Protection Act 1991 Section 149 – 151 Seizure of stray dogs 13/11/2018 13/11/2018

Who is responsible? Sec 149 (1), Every local authority shall appoint an officer (under whatever title the authority may determine) for the purpose of discharging the functions imposed or conferred by this section for dealing with stray dogs found in the area of the authority. Prior to April 2007, both the police and the local authority had a joint responsibility for stray dogs. The police were obliged to accept stray dogs (Dogs Act 1906), and the local authority as above. 13/11/2018 13/11/2018

Most local authorities employ a dog warden to carry out this function Most local authorities employ a dog warden to carry out this function. They may have alternative titles such as dog control officer, animal warden or animal/dog welfare officer. Sometimes it may be a pest control officer, Environmental control officer, cleansing enforcement officer etc. 13/11/2018 13/11/2018

What is it about? Sec 149 (3) Where an officer has reason to believe that a dog found in a public place or on any other land or premises is a stray dog, he shall (If practicable) seize the dog and detain it, but where he finds it on land or premises which is not a public place, only with the consent of the owner or occupier of the land or premises. 13/11/2018 13/11/2018

What happens to the dog next? The local authority will serve notice on the dog owner that the dog has been seized. The owner has 7 days to pay the reclamation fee of £25.00 (Minimum), plus daily kennelling charges and any other necessary expenses (e.g. Vets fees). The dog will then be returned to the owner. If the dog is not claimed or the owner fails to pay all fees due within 7 days then the dog may be sold or destroyed or given into a dogs home or rehoming centre for such purpose. 13/11/2018 13/11/2018

Control of Dogs Order 1992 2. Wearing of collars by dogs (1) Subject to paragraph (2), Every dog while in a highway or in a place of public resort shall wear a collar with the name and address of the owner inscribed on the collar or on a place or badge attached to it. 13/11/2018 13/11/2018

(2) This shall not apply to. (a). Any pack of hounds, Exceptions: (2) This shall not apply to. (a). Any pack of hounds, (b). Any dog while being used for sporting purposes, (c ). Any dog while being used for the capture or destruction of vermin, (d). Any dog while being used for the driving or tendering of cattle or sheep (e). Any dog while being used on official duties by a member of H.M Armed Forces or H.M. Customs and Excise, or the police force for any area, (f). Any dog while being used in emergency rescue work, or (g). Any dog registered with the Guide Dogs for the Blind Association. 13/11/2018 13/11/2018

Name and Address: The name and full address of the owner of the dog. Definitions: Public Place: A place of public resort to which the public goes as a matter of fact, as distinct from a matter of right, notwithstanding that a charge is made for admission. Highway: A road or other way over which the public have a right to pass to and fro; It need not be a road maintained by a highway authority. Name and Address: The name and full address of the owner of the dog. The law will not accept name and phone number or a tag telling a finder to contact a database. Will the law will accept name, house name or number, and full post code? 13/11/2018 13/11/2018

M. Callis Wandsworth Council Canine law Why do we need this law? 13/11/2018 13/11/2018 M. Callis Wandsworth Council Canine law

M. Callis Wandsworth Council Canine law To return lost dogs to their owners? 13/11/2018 13/11/2018 M. Callis Wandsworth Council Canine law

M. Callis Wandsworth Council Canine law To return lost dogs to their owners? - NO 13/11/2018 13/11/2018 M. Callis Wandsworth Council Canine law

M. Callis Wandsworth Council Canine law To return lost dogs to their owners? - NO To trace the owners of abandoned or neglected dogs? 13/11/2018 13/11/2018 M. Callis Wandsworth Council Canine law

M. Callis Wandsworth Council Canine law To return lost dogs to their owners? - NO To trace the owners of abandoned or neglected dogs? 13/11/2018 13/11/2018 M. Callis Wandsworth Council Canine law

To prove liability in public 13/11/2018 13/11/2018

There are several forms of voluntarily identifying your dog in the UK Microchipping Ear tattooing Lost dog database agencies Vets 13/11/2018 13/11/2018

Only one is compulsory and subject to law The Control of Dogs Order 1992 13/11/2018 13/11/2018

The Cleaner Neighbourhoods and Environment Act 2006 Part 6, DOGS 13/11/2018 13/11/2018

There are two main points to this act The transfer of duty for the collection and reception of stray dogs from the police to the local authority. The making of Dog Control Orders 13/11/2018 13/11/2018

The transfer of responsibility for stray dogs From April 2007 13/11/2018 13/11/2018

The making of Dog Control Orders The designation of poop scoop areas The banning of dogs from some areas Dogs on leads designation Restrict the number of dogs walked by individuals 13/11/2018 13/11/2018

Anti Social Behaviour Crime & Disorder Bill 2014 Part 4, Chapter 2. Public Spaces Protection Orders This will replace/repeal the Cleaner Neighbourhoods and Environment Act 2006, Part 6, Dogs The making of the orders and their implications? 13/11/2018 13/11/2018

Anti Social Behaviour Crime & Disorder Bill 2014 Community Protection Orders (CPO) What is it? – Low level notice issued to stop anti social behaviour Re Dogs – For tackling irresponsible dog ownership e.g. dog out of control, persistent dog fouling. 13/11/2018

Anti Social Behaviour Crime & Disorder Bill 2014 Injunction to Prevent Nuisance and Annoyance (IPNA) What is it? – A civil court order to prevent anti social behaviour and address causes. Re dogs – For Higher level incidents e.g. intimidation, attacks on other animals. 13/11/2018

Anti Social Behaviour Crime & Disorder Bill 2014 Criminal Behaviour Order (CBO) What is it for? – An order obtained for convicted offenders to prevent and stop ASB and address causes. Re dogs – Serious and continuing ASB with dogs 13/11/2018

Anti Social Behaviour Crime & Disorder Bill 2014 Implementation date ? Awaiting announcement from Theresa May Speculation on 1st October 2014 Guidance for practitioners available June 2014? 13/11/2018

Fouling of the Land Act 1996 May still be enforced in some local authorities. 13/11/2018

Local Authority Bye Laws Confusing and Compulsory 13/11/2018 13/11/2018

Local authority bye laws are as important to the local community as some of the National statute and criminal laws These may cover: Fouling Control measures Prohibitions Anti social behaviour 13/11/2018 13/11/2018

Know your local authority Research laws relevant to your community. Keep in regular contact with your local dog warden. Occasionally Inspect all relevant local legislation at your local authorities legal department (All local authorities must make all local legislation available to the public to inspect at any reasonable time). 13/11/2018 13/11/2018

Don’t take my word for it Research these topics covered today for yourself. Make a note of where to refer others for information. Obtain definitive copies of bye laws from your local authority and make them available to others Make a judgement on what is relevant to your community and to your members. The system does not stop producing laws. Don’t stop researching them. 13/11/2018 13/11/2018

Thank you for listening Source information for this presentation has been taken from HMSO statute laws, and the Dog Law Handbook by Godfrey Sandys-Winsch and published by Shaw & Sons Ltd, ISBN 0 7219 1340 7, and from the DEFRA website at www.defra.gov.uk/environment/ Mark Callis – www.wandsworth.gov.uk/dogs 13/11/2018 13/11/2018

Further reading Animal Welfare Act 2006 Environmental Protection Act 1991, sec 149-151 Cleaner Neighbourhoods and Environment Act 2006 Dangerous Dogs Bill 2013 Defra guidance on stray dogs Defra guidance on prohibited breeds Anti Socila behaviour Crime & Disorder Bill 2014 mcallis@wandsworth.gov.uk 13/11/2018 13/11/2018

Or visit these web sites: www.legislation.go.uk www.gov.uk/defra 13/11/2018 13/11/2018

Thank you for listening Time for questions and discussion on today's presentation. 13/11/2018