1. Canine Law
Mark Callis
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2. About Mark Callis 32 years practical law enforcement experience
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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.
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3. Types of law
Common Law
Statute Law
Bye Laws
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4. 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
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5. Statute Laws
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6. The Dangerous Dogs Act 1991
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7. 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
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8. 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
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9. 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
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10. 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
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DDA M. Callis, Wandsworth

11. Identification of Section 1 dogs
Everybody knows what a Pitbull looks like?
Defra guidelines
Can you spot the pitbull?
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12. Section 2:Other specially dangerous breeds
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13. 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)
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14. Section 3:Keeping dogs under proper control
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15. Section 3:Keeping dogs under proper control
(sub section 1) If a dog is dangerously out of control in a public place -
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16. 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.
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17. 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.
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18. 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 -
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19. 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
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DDA M. Callis, Wandsworth

20. 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,
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DDA M. Callis, Wandsworth

21. 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.
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22. 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.
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23. 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.
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24. Section 4b What is Section 4b? The Index of exempted dogs
Who monitors section 4b dogs?
Is breed specific legislation relevant?
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25. Spot the Pit Bull Terrier
What breed (or cross of breed) are depicted on each page? 25
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26. 26
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27. American Bull Dog 27
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28. 28
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29. Staffordshire Bull Terrier29
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30. 30
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31. Labrador x Beagle 31
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32. 32
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33. Staffordshire Bull Terrier33
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34. 34
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35. Mastiff x Great Dane 35
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36. 36
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37. American Bull Dog 37
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38. 38
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39. American Staffordshire Bull Terrier39
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40. 40
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41. Pitt Bull Terrier 41
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42. 42
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43. Pit Bull Terrier 43
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44. 44
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45. Irish Staffordshire Bull Terrier45
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46. 46
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47. Bull Terriers 47
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48. 48
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49. American Bull Dog 49
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50. 50
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51. Labrador x Staffordshire Bull Terrier51
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52. 52
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53. American Staffordshire Bull Terrier53
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54. 54
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55. Pit Bull Terrier 55
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56. Experts at Pit Bull identification?
What did you score out of 15? 56
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57. 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.
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58. 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.
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59. 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)
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60. Environmental Protection Act 1991
Section 149 – 151 Seizure of stray dogs
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61. 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.
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62. 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.
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63. 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.
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64. 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.
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65. 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.
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66. (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.
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67. 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?
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68. M. Callis Wandsworth Council Canine law
Why do we need this law?
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M. Callis Wandsworth Council Canine law

69. M. Callis Wandsworth Council Canine law
To return lost dogs to their owners?
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M. Callis Wandsworth Council Canine law

70. M. Callis Wandsworth Council Canine law
To return lost dogs to their owners?
- NO
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M. Callis Wandsworth Council Canine law

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

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

73. To prove liability in public
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74. There are several forms of voluntarily identifying your dog in the UK
Microchipping
Ear tattooing
Lost dog database agencies
Vets
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75. Only one is compulsory and subject to law
The Control of Dogs Order 1992
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76. The Cleaner Neighbourhoods and Environment Act 2006
Part 6, DOGS
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77. 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
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78. The transfer of responsibility for stray dogs
From April 2007
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79. 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
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80. 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?
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81. 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.
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82. 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.
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83. 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
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84. 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?
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85. Fouling of the Land Act 1996
May still be enforced in some local authorities.
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86. Local Authority Bye Laws
Confusing and Compulsory
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87. 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
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88. 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).
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89. 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.
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90. 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 , and from the DEFRA website at
Mark Callis –
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91. Further reading Animal Welfare Act 2006
Environmental Protection Act 1991, sec
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
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92. Or visit these web sites:
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93. Thank you for listening
Time for questions and discussion on today's presentation.
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