[F12 Seizure and detention of dogs.E+W

Dog found without owner or person in charge

(1)A constable may seize a dog if—

(a)they have reasonable grounds to believe that the dog has attacked or worried livestock on agricultural land or on a road or path, and

(b)nobody present where the dog is found admits to being the dog’s owner or in charge of it.

(2)A constable may detain a dog seized under subsection (1) until the owner has claimed it and paid all expenses incurred by reason of its seizure and detention.

(3)If the owner of the dog does not claim it and pay those expenses before the end of the period of seven days beginning with the day after the day on which the dog was seized under subsection (1), a constable may dispose of the dog.

(4)If the constable disposes of the dog by giving it or selling it to a person acting in good faith, that person becomes the owner of the dog.

(5)The chief officer of police for each police area must keep, or cause to be kept, a register of all dogs seized under subsection (1) in their area, containing the following information—

(a)a brief description of the dog;

(b)the date of seizure of the dog;

(c)if the dog is disposed of under subsection (3), how.

(6)Each register kept under subsection (5) must be available, at all reasonable times, for inspection by the public free of charge.

(7)For the purposes of this section, “disposing of” a dog includes—

(a)causing it to be disposed of, and

(b)destroying it or causing it to be destroyed,

but does not include disposing of it for the purposes of vivisection.

Dog posing continuing threat

(8)A constable may seize a dog if they have reasonable grounds to believe that—

(a)the dog has attacked or worried livestock on agricultural land or on a road or path, and

(b)unless it is detained, there is a risk that the dog could attack or worry livestock again.

(9)A constable may detain a dog seized under subsection (8)—

(a)until an investigation has been carried out into whether an offence under section 1 has been committed by reason of the dog attacking or worrying livestock, or

(b)if proceedings are brought in respect of such an offence, until those proceedings have been determined or withdrawn.]

Extent Information

E1This version of this provision extends to England and Wales only. A separate version has been created for Scotland only.

Textual Amendments

2 Enforcement.S

(1)As respects an offence under this Act alleged to have been committed in respect of a dog on any agricultural land in England or Wales, no proceedings shall be brought except—

(a)by or with the consent of the chief officer of police for the police area in which the land is situated, or

(b)by the occupier of the land, or

(c)by the owner of any of the livestock in question.

(2)Where in the case of a dog found on any land [F2(other than premises)] —

(a)a police officer has reasonably cause to believe that the dog has been [F3attacking or] worrying livestock on [F4land that ] appears to him to be agricultural land, and

(b)no person is present who admits to being the owner of the dog or in charge of it,

then for the purpose of ascertaining who is the owner of the dog the police officer may seize it and may detain it until the owner has claimed it and paid all expenses incurred by reason of its detention.

[F5(2A)Where in the case of a dog found on any land (other than premises) a police officer has reasonable cause to believe that—

(a)the dog has been attacking or worrying livestock on land (whether the land on which the dog is found or other land) that appears to him to be agricultural land, and

(b)it is necessary to seize the dog in order to identify and secure evidence of the commission of an offence under section 1 of this Act,

then the police officer may seize the dog and may detain it for as long as necessary to identify and secure any such evidence.]

(3)Subsections (4) to [F6(9)] of section three of the M1Dogs Act, 1906 (which provide for the disposal of dogs seized under subsection (1) of that section if unclaimed after seven days) shall apply in relation to dogs seized [F7by a police officer under subsection (2) of this section] as they apply in relation to dogs seized under subsection (1) of that section (which provides for the seizure and detention of dogs found in highways and places of public resort and believed to be stray dogs) [F8, subject to subsection (5) of this section].

[F9(4)Subsections (2) to (9) of section three of the Dogs Act, 1906 shall apply in relation to dogs seized by a police officer under subsection (2A) of this section as they apply in relation to dogs seized under subsection (1) of that section, subject to—

(a)disregarding the words “and paid all expenses incurred by reason of its detention” where they appear in subsection (4) of that section, and

(b)subsection (5) of this section.

(5)The application of section three of the Dogs Act, 1906 to dogs seized under this section is subject to a presumption that, unless there are reasonable grounds to suspect that the dog is dangerous or it is otherwise impracticable to do so, the dog should be sold rather than destroyed.]

Extent Information

E2This version of this provision extends to Scotland only. A separate version has been created for England and Wales only.

Textual Amendments

Marginal Citations