Ancillary Orders Consultation

Closes 4 Dec 2024

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Disqualification order - Dangerous Dogs Act

Guideline users should be aware that the Equal Treatment Bench Book covers important aspects of fair treatment and disparity of outcomes for different groups in the criminal justice system. It provides guidance which sentencers are encouraged to take into account wherever applicable, to ensure that there is fairness for all involved in court proceedings.

May be made by

A magistrates' court or the Crown Court

Relevant legislation

Dangerous Dogs Act 1991

Availability

Where a person is convicted of:

  • an offence under section 1 (dogs bred for fighting)
  • an offence under section 3(1) (keeping dogs under proper control), or
  • an offence created by an order under section 2 (other specifically dangerous dogs)

the court may order the offender to be disqualified for having custody of a dog.

Effect of the order

Where an offender is disqualified, the disqualification relates to any and all dogs. No conditions can be attached to the order.

Length of the order

For such period as the court thinks fit.

Consequences of breach

Breach of a disqualification order is a criminal offence, maximum penalty unlimited fine.

 

Sentencing guidelines that will include a drop down of this guidance:

  • Breeding, selling, exchanging or advertising a prohibited dog,
  • Owner or person in charge of a dog dangerously out of control in any place in England and Wales (whether or not a public place),
  • Owner or person in charge of a dog dangerously out of control in any place in England and Wales (whether or not a public place) where a person is injured
  • Owner or person in charge of a dog dangerously out of control in any place in England and Wales (whether or not a public place) where an assistance dog is injured or killed
  • Owner or person in charge of a dog dangerously out of control in any place in England and Wales (whether or not a public place) where death is caused,
  • Possession of a prohibited dog.
15. Do you have any comments on the content of the disqualification order (Dangerous Dogs Act) guidance, or on the list of sentencing guidelines which will include this guidance?