Dogs and the law
Here are the main legalities to consider when out and about with your dog.• A dog that is on a short lead would normally be considered under control - as long as the handler does not allow him to lunge forward in an uncontrolled manner.
• A dog that is off the lead, which is not under the control of his handler, is likely to be found to be out of control.
• If a dog, which is under control and on a lead, is injured due to a dog that is off the lead, the owner of the off-lead dog is potentially committing a criminal act under The Dangerous Dogs Act 1991 (DDA) or a civil wrong under The Dogs Act 1871. If the dog that is on a lead is injured, the owner may be able to claim against the owner of the uncontrolled dog in civil proceedings. However, prospects of success would depend on the actual facts of each case. Likewise, if the dog on the lead acts in an out-of-control manner, the same riminal/civil action could be taken by the owner of the dog off the lead.
• Under the DDA, a dog is regarded as dangerously out of control on any occasion which there are grounds for reasonable apprehension [anxious or fearful anticipation] that he will injure any person •
Whether or not he actually does so - and this is a criminal offence. Under The Dogs Act 1871, this would be a civil matter and a Magistrate's Court can hear a complaint if a dog is considered dangerous and not kept under proper control. The word 'dangerous' in The Dogs Act 1871 is a matter for the court to consider on the facts and whether or not a dog was kept under proper control is for the court to decide.
This can also apply to the dog on the lead, if he is not considered to be under control. Usually, the more serious incidents would attract criminal prosecution under the DDA if it occurred in a public place - especially those involving injury to people.