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Background
The United Kingdom has a long history of protecting animals from cruelty. In 1822 Richard Martin\'s Act to Prevent the Cruel and Improper Treatment of Cattle was passed by Parliament. This is the first parliamentary legislation for animal welfare in the world.
The general principles of animal welfare are set out in the Protection of Animals Acts.
The Protection of Animals Acts 1911 - 2000
The first protection of Animals Act was passed in 1911. Since then there have been nine amendments to the Act. The Acts cover domestic or captive animals. This includes farm animals. The Act makes it an offence to cause any unnecessary suffering to any domestic or captive animal. It is an offence to:
◦ cruelly beat, kick, ill-treat, over-drive, over-load, torture, infuriate, or terrify any animal;
◦ cause unnecessary suffering through transportation;
◦ take part in the fighting or baiting of an animal;
◦ administer poisonous or injurious substances without good reason;
◦ permit operations to be carried out without due care and humanity;
◦ cause unnecessary suffering to an animal that is being destroyed to provide food for mankind; and
◦ the coursing and hunting of a captive animal that is liberated in an injured, mutilated or exhausted condition, or the coursing and hunting of a captive animal in an enclosed space from which it has no reasonable chance of escape.
Unnecessary suffering can be caused by acts of commission and acts of omission.
Nothing in the 1911 Act renders illegal any act carried out lawfully under the Animal (Scientific Procedures) Act 1986.
If the owner of the animals is convicted, the court may, should it think fit, deprive the owner of the ownership of the animal. Where the court is satisfied that it would be cruel to keep the animal alive, it may direct that the animal be destroyed.
If a police constable finds any animal so diseased or so severely injured or in such a physical condition that, in his opinion, having regard to the means available for removing the animal, there is no possibility of removing it without cruelty, he shall, if the owner is absent or refuses to consent to the destruction of the animal, at once summon a duly registered veterinary surgeon.
Those convicted of the most serious offences under the 1911 Act can be sentenced to a term of imprisonment not exceeding 6 months or a fine of £5,000, or both.
Other laws to protect domestic or captive animals
These include:
The Performing Animals (Regulation) Act 1925
The welfare of performing animals is provided for in the general law on the protection of animals against cruelty or neglect (the Protection of Animals Act 1911). In addition the training and exhibition of performing animals is further regulated by the 1925 Act which requires trainers and exhibitors of such animals to be registered with the local authority. Under this Act, the police and officers of local authorities, who may include a vet, have power to enter premises where animals are being trained and exhibited, and if cruelty and neglect is detected, magistrates\' courts can prohibit or restrict the training or exhibition of the animals and suspend or cancel the registration granted under the Act.
The Pet Animals Act 1951
The Pet Animals Act 1951 (as amended in 1983) protects the welfare of animals sold as pets. The Act requires any person keeping a pet shop to be licensed by the local authority. Before granting a licence the local authority must be satisfied that the animals are kept in accommodation that is both suitable and clean; that they are supplied with appropriate food and drink; and are adequately protected from disease and fire. The local authority may attach any conditions to the licence, may inspect the licensed premises at all reasonable times and may refuse a licence if the conditions at the premises are unsatisfactory or if the terms of the licence are not being complied with.
Local authorities are responsible for enforcing the law in this area and anyone who has reason to believe that a pet shop is keeping animals in inadequate conditions should raise the matter with the local authority who will decide what action to take within the range of its powers.
Under s.2 pets cannot be sold in the street, including on barrows and markets, and under s.3, pets are not to be sold to children under 12 years of age.
Cock fighting Act 1952
Cockfighting and the advertising of cockfights is illegal under s5A and s5B of the Protection of Animals Act 1911. The Cockfighting Act makes it illegal to have possession of any instrument or appliance designed or adapted for use in connection with the fighting of a domestic fowl.
Abandonment of Animals Act 1960
Under the 1960 Act, it is an offence of cruelty to abandon any animal without reasonable excuse in circumstances likely to cause it unnecessary suffering. In Hunt v Duckering the meaning of abandonment was defined as a physical leaving unattended of the animal in circumstances where suffering was likely and where there was sufficient evidence to prove that the defendant had relinquished, wholly disregarded or given up his duty to care for the animal.
Animal Boarding Establishments Act 1963
Establishments where the boarding of animals is being carried on as a business are subject to the 1963 Act, which requires such establishments to be licensed by the local authority. For the purpose of this Act the keeping of such establishments is defined as the carrying on at any premises, including a private dwelling, of a business of providing accommodation for other people\'s cats and dogs.
The licence is granted at the discretion of the local authority which may take into account the suitability of the accommodation and whether the animals are well fed, exercised and protected from disease and fire.
Riding Establishments Act 1964 and 1970
Riding establishments are licensed by local authorities under the 1964 Act. The local authority can impose conditions on the licence. The local authority, in the exercise of its discretion, may take into account the suitability of the applicant/manager, the accommodation and pasture, adequacy of the provision for the horses\' health, welfare and exercise, precautions against fire and disease and the suitability of the horses as regards the reasons for which they are kept.
The Breeding of Dogs Act 1973
The Breeding of Dogs Act 199I
Breeding and Sale of Dogs (Welfare) Act 1999
\'Puppy Farms\'
Anyone who is in the business of breeding and selling dogs will require a licence from the local authority under the 1973 Act as amended by the 1999 Act. The local authority has discretion whether to grant a licence and must ensure that the animals will be suitably accommodated, fed, exercised and protected from disease and fire. It is for local authorities, who have extensive powers to check on the standards of health, welfare and accommodation of the animals, to enforce the requirements of the Act.
The 1999 Act provides that bitches are not mated until they are at least one year old and that they give birth to no more than six litters in a lifetime and no more than one litter per year. Accurate breeding records must be maintained by the establishment for tighter controls on the sale of dogs by dealers and pet shop; for identification for traded dogs; and stiffer penalties, including imprisonment.
In addition, the Breeding of Dogs Act 1991 extended the powers of local authorities to obtain a warrant to enter any premises, excluding a private dwelling house, in which it is believed that a dog breeding business is being carried out. All outbuildings, garages and sheds are open to inspection. Previously local authority inspectors could enter and inspect only premises which were already licensed.Farriers (Registration) Act 1975
Farriers (Registration) (Amendment) Act 1977
The purpose of these Acts is to prevent and avoid suffering by and cruelty to horses arising from the shoeing of horses by unskilled persons; to promote the proper of shoeing of horses; to promote the training of farriers and shoeing smiths; to provide for the establishment of a Farriers Registration Council to register persons engaged in farriery and the shoeing of horses; to prohibit the shoeing of horses by unqualified persons; and for other persons connected with farriery.
Protection Against Cruel Tethering Act 1988
The 1988 Act is found in s1(1)(f) of the Protection of Animals Act 1911 as amended. It is an offence to tether any horse, ass or mule under such conditions or in such manner as to cause that animal unnecessary suffering.
Keeping of wild animals
A Government Circular260KB has been produced to cover the keeping of wild animals in places as diverse as zoos, pet shops and in people’s own homes. The Circular also deals with the guidance on ill-treatment of animals and contains useful contacts in Whitehall and animal welfare/keeper organisations. It does not contain new policy guidance, but is rather a compilation of existing guidance. The Circular’s aim is to provide local authorities, animal keepers and animal welfare groups with a single reference point for Government advice.
The Circular focuses on:
The Protection of Animals Act 1911 which makes it an offence to cause any unnecessary suffering to any domestic or captive animal.
The Performing Animals (Regulation) Act 1925 requires trainers and exhibitors of such animals to be registered with the local authority, although the welfare of performing animals is provided for in the 1911 Act.
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Legislation relating to Captive or Domestic Animals
The Control of Dogs
Dogs Act 1871
Dogs Act 1906
Protection of Animals Act 1911
Protection of Animals Act (1911) Amendment Act 1912
Protection of Animals Act (1911) Amendment Act 1921
Performing Animals (Regulation) Act 1925
Protection of Animals (Amendment) Act 1927
Protection of Animals Act 1934
Pet Animals Act 1951
Cockfighting Act 1952
Protection of Animals (Amendment) Act 1954
Abandonment of Animals Act 1960
Animal Boarding Establishments Act 1963
Riding Establishments Act 1964
Riding Establishments Act 1970
Breeding of Dogs Act 1973
Guard Dogs Act 1975
Farriers (Registration) Act 1975
Farriers (Registration) (Amendment) Act 1977
Pet Animals Act 1951 (Amendment) Act 1983
Protection of Animals (Amendment) Act 1988
Protection Against Cruel Tethering Act 1988
Dangerous Dogs Act 1989
Dangerous Dogs Act 1991
Breeding of Dogs Act 1991
Dangerous Dogs (Amendment) Act 1997
Breeding and Sale of Dogs (Welfare) Act 1999 |
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The Control of Dogs
Control of types of dogs that are considered to be dangerous
The Dangerous Dogs Act 1991
The Dangerous Dogs (Amendment) Act 1997
Section 1 of the Dangerous Dogs Act 1991 prohibits four types of dog:
the Pit Bull Terrier
the Japanese tosa
the Dogo Argentino
the Fila Braziliero
It is an offence to own or keep any of the above types of dog, unless it is on the Index of Exempted Dogs and is in compliance with the requirements. In any event it is an offence to breed from, sell or exchange (even as a gift) such a dog, irrespective of whether it has been placed on the Index of Exempted Dogs. Page 3 of Annex A provides further details about the Index.
The 1991 Act was amended by the Dangerous Dogs (Amendment) Act 1997. The 1997 Act removed the mandatory destruction order provisions of the 1991 Act by giving the courts discretion on sentencing, and re-opened the Index of Exempted Dogs for those prohibited dogs which the courts consider would not pose a risk to the public. Only courts can direct that a dog can be placed on the list of exempted dogs.
Section 3 of the 1991 Act created a new offence of being an owner of a dog of any type or breed which is dangerously out of control in a public place or a non-public place in which it is not permitted to be.
Prohibited Types of Dog
Defra launched a 16 page leaflet on 30 April 2003, containing guidance on the types of dogs prohibited in Great Britain. The leaflet (239 KB) contains pictures and key characteristics of the species of dogs banned in Great Britain. It also explains the impact of the legislation on dogs being brought into Great Britain.
The leaflet is aimed at both enforcement agencies and members of the public who would like to bring their dog into Great Britain via the Pet Travel Scheme (PETS) but are unsure whether their animal is banned from Great Britain.
Hard copies can be obtained from Defra Publications, Admail 6000, London, SW1A 2XX. Tel: 08459 556000. Quote product code PB8311.
Detailed guidance on the legislation was issued to police forces and the courts between 1991 and 1998 by the Home Office. The guidance issued can be found below.
Home Office Notice (69 KB)
Home Office Circular 67/1991 (245 KB)
Home Office Circular 80/1992 (113 KB)
Home Office Circular 9/1994 (86 KB)
Home Office Circular 17/1997 (71 KB)
Home Office Circular 29/1997 (111 KB)
Home Office Circular 29/1998 (77 KB)
Dogs out of control in a public place
If a dog is dangerously out of control in a public place - then the owner or the person in charge of the dog is guilty of an offence, or, if the dog while so out of control injures any person, an aggravated offence under the Dangerous Dogs Act 1991. In proceedings against a person who is the owner of a dog but at the material time was not in charge of it, it should be a defence for the accused to prove that the dog was at the material time in the charge of a person whom he reasonably believed to be a fit and proper person to be in charge of it.
Section 10(2) of the 1991 Act defines a public place as meaning any street, road or other place to which the public have, or are permitted to have access. This is a wide definition of a public place and one which specifically includes the common parts of a building containing two or more dwellings. It is intended to cover, for instance, those parts of a block of flats where, although there may be a secure front entry door so that the interior of the flat is not a place to which the public has unrestricted access, nevertheless the common parts are, in all other respects, a public place.
A person found guilty of an offence may face imprisonment or a fine, and the courts may disqualify the offender from having custody of a dog for any period.
Other legislation
Under the Town Police Clauses Act of 1847 it is an offence for any person in any street: to let an unmuzzled ferocious dog be at large so that it obstructs or annoys the residents or passengers in the street or puts them in danger; or to set on or to urge any dog to attack, worry or put in fear any person or animal. A dog will not be at large while it is held on a lead. The word \'street\' here is given an extended meaning to include any road, square, court, alley, thoroughfare or public passage.
In the Metropolitan Police District a similar offence has been created by the Metropolitan Police Act of 1839. This differs only from the first part of the 1847 Act offence in that it is sufficient that an unmuzzled dog be at large (no obstruction, annoyance or danger need be shown), and that the place of the offence is described as any thoroughfare or public place.
Under the Dogs Act 1871, any person may make a complaint to a magistrates court that a dog is dangerous, or report the matter to the police. If the court is satisfied that a dog is dangerous and not kept under proper control, it may make an order for it to be controlled or destroyed.
The Animals Act 1971 provides that the keeper of an animal is liable for any damage it causes, if he knows it was likely to cause such damage or injury unrestrained.
Using the legislation
Section 3(5) of the 1991 Act clarifies the application of the Dogs Act 1871. The strength of the 1871 Act is that as it is not part of the criminal law, it operates on a lower standard of proof and proceedings can be taken even when a criminal offence has not been committed. It provides a remedy in a wide range of circumstances for the destruction, or imposition of controls, on dangerous dogs. A particular advantage of the 1871 Act is the fact that it applies everywhere, even in and around a private house which is why it is particularly appropriate for action on behalf of people such as postmen and women who are regularly at risk from dogs in front gardens.
Section 3(5)(b) of the 1991 Act enables a court to make an order under the 1871 Act that a dog is in future muzzled, kept on a lead, tethered or is excluded from specified places. This is a flexible provision which can be used to deal with a number of nuisance complaints about dogs including circumstances where dogs in one back garden cause fear of risk or injury to neighbours in another. Section 3(6) enables the neutering of male dogs in addition to, or instead of, other measures or controls.
These laws, when applied individually or in combination, serve as a positive encouragement to the owners of all dogs to exercise safe control over their dogs.
Dogs and trespass
In civil law a dog owner is liable if he or she deliberately sends a dog on to another person\'s land in pursuit of game. A civil offence is also committed if a dog owner allows a dog to roam at large in the knowledge that it is likely to kill game. No entry on the land by the owner of the dog is necessary in order for the proceedings to succeed.
If a dog of its own accord enters land without permission but does no more, its owner is not liable under civil law for trespass; nor is it a criminal offence unless there is a contravention of regulations made under the Control of Dogs Order. Under civil law it is likely that the dog\'s owner would be liable for any damage which it is in the nature of a dog to commit.
It is an offence for a dog to be at large, ie not on a lead or otherwise under close control, in a field of sheep. Sheep dogs and police dogs are exempted from this provision.
Dogs worrying livestock
The Dogs (Protection of Livestock) Act 1953
Under the Dogs (Protection of Livestock) Act 1953 the owner and anyone else under whose control the dog is at the time will be guilty of an offence if it worries livestock on agricultural land. The dog must have been attacking or chasing livestock in such a way that it could reasonably be expected to cause injury or suffering or, in the case of females, abortion or the loss or diminution of their produce. An offence is not committed if at the time of the worrying the livestock were trespassing, the dog belonged to the owner of the land on which the trespassing livestock were and the person in charge of the dog did not cause the dog to attack the livestock. The definition of \'livestock\' includes cattle, sheep, goats, swine, horses and poultry. Game birds are not included.
The Animals Act 1971
Civil liability arises from the Animals Act 1971. Anyone who is the keeper of a dog that causes damage by killing or injuring livestock is liable for the damage caused. For the purposes of the Act the keeper is the owner or the person in possession of the dog. The head of the household is liable where the owner is under the age of 16.
The keeper of the dog is not liable where the damage is due wholly to the fault of the person suffering it or if the livestock were killed or injured on land onto which they had strayed and either the dog belonged to the occupier or its presence was authorised by the occupier.
Under the Act there is a defence available to someone who is the subject of civil proceedings for killing or injuring a dog that was worrying or about to worry livestock. The defence can be used where there were no other means of ending or preventing the worrying or where the dog that had done the worrying was still in the vicinity and not under control and there were no practicable means of establishing ownership.
The definition of livestock in the 1971 Act is wider than in the 1953Act. Here it includes pheasants, partridges and grouse whilst in captivity.
Guard Dogs
Under the Guard Dogs Act 1974 a licence is required to keep a guard dog in certain situations under s 2. Otherwise a warning has to be posted under s 1:
(1) A person shall not use or permit the use of a guard dog at any premises unless a person (\'the handler\') who is capable of controlling the dog is present on the premises and the dog is under the control of the handler at all times while it is secured so that it is not at liberty to go freely about the premises.
(2) The handler of a guard dog shall keep the dog under his control at all times while it is being used as a guard dog at any premises except:
(a) while another handler has control over the dog; or
(b) while the dog is secured so that it is not at liberty to go freely about the premises.
(1) A person shall not use or permit the use of a guard dog at any premises unless a notice containing a warning that a guard dog is present is clearly exhibited at each entrance to the premises.
The owner of a guard dog may be liable for any injury to a person under s 2(2) of the Animals Act 1971, unless they come within one of the exceptions in s 5. | |
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