18-month sentences for owners of dogs that harm
Tougher guidelines for judges in cases involving dangerous dogs will focus on an owner’s culpability and victims’ injuries, the Sentencing Council reveals.
Owners of dangerous dogs which harm others in a public place will face up to 18 months in prison under the new guidelines.
The tougher approach to the way those convicted of dangerous dog offences are treated by the courts will see more offenders jailed, more given community orders and fewer being discharged from August, the Sentencing Council has said.
Courts will also be encouraged to ban irresponsible owners who put the public at risk from keeping dogs, order genuinely dangerous dogs to be put down and arrange compensation for victims.
The new guidelines cover both dogs which were dangerously out of control and the possession of banned dogs.
Anyone using an animal as a weapon to attack someone would still be sentenced for assault.
Anne Arnold, of the Sentencing Council, said: “This new sentencing guideline encourages courts to use their full powers when dealing with offenders so that they are jailed where appropriate.
“It also gives guidance to courts on making the best use of their powers so that people can be banned from keeping dogs, genuinely dangerous dogs can be put down and compensation can be paid to victims.”
Under the guidelines, owners, or anyone in charge of a dangerously out of control dog, would face up to 18 months in jail, with the sentence rising to the legal maximum of two years in exceptional cases.
Aggravating factors
The most serious cases could include incidents where a dangerously out of control dog has caused serious injury during a sustained attack, injured a child, or where the owner has failed to respond to previous warnings or concerns.
Any deliberate goading of the dog by its owner would also be seen as an aggravating factor by judges.
But the owner could walk free from court with a discharge if the injuries caused were only minor, attempts had been made to regain control of the dog and safety steps had been taken by the owner.
In cases where no injury is caused, owners could still face up to six months in jail if they allow their dogs to be dangerously out of control in a public place, especially if children or other vulnerable people such as the elderly or disabled people were around at the time.
Alternative punishments to custodial sentences include community orders and fines.
The council also issued guidelines for judges sentencing those involved in the possession of prohibited dogs, including the pit bull terrier, Japanese Tosa, Dogo Argentino and Fila Brasileiro.
Training a dog to fight or possessing paraphernalia for dog fighting will also be seen as an aggravating factor attracting a tougher sentence following concerns from London Mayor Boris Johnson and the Police Federation, which represents rank-and-file officers.
The Dogs Trust said the changes would encourage courts to focus on “the key factors of culpability of the owner and the amount of harm to the victim”.
Peter Chapman, chairman of the Magistrates’ Association sentencing committee, added: “For the first time, magistrates will have all they need in one document to help them sentence the offender, disqualify him from future dog ownership if appropriate, order compensation to the victim and order destruction of the dog if necessary.”
