Animal offences
Dog dangerously out of control (no injury)
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Summary only
- Maximum penalty
- 6 months' custody
Actus reus
- 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, commits the offence (Dangerous Dogs Act 1991, s.3(1)).
- This page is the basic (no injury) form. “Dangerously out of control” is s.10(3): grounds for reasonable apprehension that it will injure any person, or it injures a person. If a person is injured, the aggravated guideline applies instead.
Mens rea
- s.3 is not an intent-to-injure offence. Liability is on the owner/person in charge if the dog was dangerously out of control, subject to the statutory defences.
Defences
Householder case (s.3(1A)–(1B)) · Owner not in charge: dog was in the charge of a person reasonably believed to be fit and proper (s.3(2)) · Dog not dangerously out of control on the s.10(3) definition
Sentencing Council
Sentencing Council guideline effective 01 July 2016. Offence range: Discharge – 6 months’ custody.
At the police station
Confirm no person was injured — that changes the guideline and the maximum. Who had charge of the dog that minute is the first question.
When to involve a rep or solicitor
Police station advice is free under legal aid and is not means-tested.
Authoritative sources for this page
Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.
- Statute:Dangerous Dogs Act 1991, s.3 ↗
- Sentencing Council:Sentencing Council definitive guideline ↗