Anti-social Behaviour, Crime and Policing Act 2014

107 Whether a dog is a danger to public safety

(1) The Dangerous Dogs Act 1991 is amended as follows.

(2) In section 1 (dogs bred for fighting) after subsection (6) there is inserted—

“(6A) A scheme under subsection (3) or (5) may in particular include provision requiring a court to consider whether a person is a fit and proper person to be in charge of a dog.”

(3) In section 4 (destruction and disqualification orders) after subsection (1A) there is inserted—

“(1B) For the purposes of subsection (1A)(a), when deciding whether a dog would constitute a danger to public safety, the court—

(a) must consider—

(i) the temperament of the dog and its past behaviour, and

(ii) whether the owner of the dog, or the person for the time being in charge of it, is a fit and proper person to be in charge of the dog, and

(b) may consider any other relevant circumstances.”

(4) Section 4B (destruction orders otherwise than on a conviction) is amended as follows—

(a) in subsection (1), after “section 5(1) or (2) below” there is inserted “or in exercise of a power of seizure conferred by any other enactment”;

(b) after subsection (2) there is inserted—

“(2A) For the purposes of subsection (2)(a), when deciding whether a dog would constitute a danger to public safety, the justice or sheriff—

(a) must consider—

(i) the temperament of the dog and its past behaviour, and

(ii) whether the owner of the dog, or the person for the time being in charge of it, is a fit and proper person to be in charge of the dog, and

(b) may consider any other relevant circumstances.”