Dangerous Dog: Dog Dangerously Out of Control (Section 3 Dangerous Dogs Act 1991)

Dangerous Dog: Dog Dangerously Out of Control is an offence under s.3(1) Dangerous Dogs Act 1991. If a dog is dangerously out of control in any place in England or Wales, whether or not 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 while so out of control injures any person or assistance dog, an aggravated offence (s.3(1)). A dog is dangerously out of control on any occasion on which there are grounds for reasonable apprehension that it will injure any person or assistance dog, whether or not it actually does so, excluding a dog being used for a lawful purpose by a constable or a person in the service of the Crown (s.10(3)). A person is not guilty in a householder case, where the dog is dangerously out of control in or partly in a dwelling or forces accommodation and the person in relation to whom it is out of control is in or entering the building as a trespasser, or the defendant believed so (s.3(1A) and (1B)). An owner who was not in charge of the dog at the material time has a defence if he proves the dog was in the charge of a person whom he reasonably believed to be a fit and proper person (s.3(2)). Maximum sentence: for the offence other than an aggravated offence, on summary conviction, imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale or both; for the aggravated offence, on summary conviction, imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both, and on conviction on indictment, imprisonment for a term not exceeding 14 years if a person dies as a result of being injured, 5 years in any other case where a person is injured, or 3 years where an assistance dog is injured (whether or not it dies), or a fine, or both (s.3(4) and (4A)).

In practice

The aggravated offence is an either-way offence: it may be tried at the magistrates' court or the Crown Court. Mode of trial depends on the seriousness and the defendant's election. The non-aggravated offence is summary only. The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them. Interviews must be audio-recorded (Code E) or, for indictable offences, may be visually recorded (Code F).