Animal offences
Dog dangerously out of control causing injury
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Either way
- Maximum penalty
- 5 years' 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)).
- If the dog injures a person the offence is the aggravated form (higher maximum). “Dangerously out of control” is defined in s.10(3) — there are grounds for reasonable apprehension that it will injure a person, or it does injure a person.
Mens rea
- s.3 is not drafted as an intent-to-injure offence. The owner/person in charge is liable if the dog was dangerously out of control, subject to the statutory defences.
Defences
Householder case (s.3(1A)–(1B)): dog in or partly in a dwelling and V a trespasser, or D believed V was entering as a trespasser · 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 – 4 years’ custody.
At the police station
Confirm injury-caused versus basic s.3 — different guidelines and maxima. Ask who had charge of the dog that minute, not who “owns it on paper”.
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 ↗