Chamber and committees

Scottish Government submission of 16 September 2021

PE1892/A - Introduce a law that makes attacks by one dog on another dog a crime

The Petitioner, Evelyn Baginski, calls on the Scottish Parliament to “urge the Scottish Government to make attacks by one dog on another dog a crime and subject to a penalty requiring the owner to pay a fine and reimburse any expenses related to the incident.”

I note that the background information to petition PE1892 makes reference to the Control of Dogs (Scotland) Act 2010 (“the 2010 Act”).

The Scottish Government recognises that ‘dog on dog attacks’ can be awful incidents that can cause dog owners and all those involved significant alarm and distress. Any dog attack is one too many and the Scottish Government is committed to helping to keep our communities safe.

The law in the area of dangerous dogs and dog control is provided for across a range of legislation. The two main pieces of legislation are the Dangerous Dogs Act 1991 (“the 1991 Act”) and the aforementioned 2010 Act.

The 1991 Act provides for criminal law measures for dog owners and persons in charge of dogs, where a dog is ‘dangerously out of control’. The 2010 Act provides for a civil regime in respect of dog owners who allow their dogs to be ‘out of control’. In general terms therefore, Police Scotland will deal with offences under the 1991 Act, and Local Authority authorised officers, often referred to as Dog Wardens, will deal with offences under the 2010 Act.

The Committee will wish to be aware it is a criminal offence, under section 3 of the 1991 Act, for a dog to be dangerously out of control. A dog is deemed to be dangerously out of control if there is reasonable apprehension that it will injure a person or an assistance dog (i.e. a dog which has been trained to provide assistance to a deaf or blind person or certain other specified categories of person with a disability), whether or not an injury is caused. Therefore, an offence under section 3 of the 1991 Act can be committed where it has attacked another dog where that dog is an assistance dog.

Each case arising under the section 3 offence will always be considered on the exact facts and circumstances. Depending on the exact facts and circumstances, a dog could be classed as being dangerously out of control where a dog attacks another dog if the test for the offence is met including the need for reasonable apprehension as part of the operation of the offence. It would ultimately be for the court to determine in any given case whether an offence is committed.

For an aggravated offence (which is where a person is injured or killed through a dog being dangerously out of control or the attack is on an assistance dog), a person found guilty may face imprisonment of up to 2 years and/or an unlimited fine. A non-aggravated offence may result in a custodial sentence of up to 6 months and a fine of up to £5000. In addition to these penalties for aggravated and non-aggravated offences, the court may also disqualify the offender from having custody of a dog for any period as it thinks fit.

I would also draw the Committee’s attention to sections 19 and 23 of the Animal Health and Welfare (Scotland) Act 2006 (“the 2006 Act”), which relate to the offences of causing unnecessary suffering and animal fighting respectively. Although these offences relate to a number of different animals, the types of animals to whom the offences relate includes dogs. As such and depending on the exact circumstances, certain conduct relating to the behaviour of a dog in attacking another dog may fall within the offences.

The Animals and Wildlife (Penalties, Protections and Powers) Scotland Act 2020 has increased the maximum penalty available for causing unnecessary suffering or participating in an offence of dog fighting under the 2006 Act to 5 years imprisonment and/or an unlimited fine.

The Committee may be interested to know that between September 2019 and January 2020 the Scottish Government consulted on practical measures to improve the operational effectiveness of the 2010 Act. An analysis of the responses received to the consultation was published last year.

The Scottish Government has also committed to reviewing the 1991 Act. With that in mind, earlier this year the Scottish Government consulted on possible options for reform of dog control legislation, primarily looking at the offence of a dog being dangerously out of control in the 1991 Act. That consultation closed on 30 April, and an analysis of the responses received to that consultation has been published.

In addition, earlier this year the Scottish Government ran a digital social media campaign in partnership with the Scottish Society for the Prevention of Cruelty to Animals (SSPCA), to promote the importance of responsible dog ownership. We re-run some of the campaign content on the Scottish Government Facebook, Twitter and Instagram pages earlier this month.

The views offered in response to both of the consultations will help to shape and inform policy development decisions going forward.