Guidance for Judges in Dangerous Dogs Cases
For the first time, the Sentencing Council for England and Wales has produced formal Guidance on the execution of the Dangerous Dogs Act. The Guidelines are in draft form only at present and are currently subject to a public consultation which closes on March 8th 2012.
The Sentencing Council is an independent, non-departmental public body and is currently chaired by Lord Justice Leveson. It is hoped that the final Guidance will result in a more even-handed and transparent application of the law by Judges and Magistrates, and a greater consistency in sentencing.
While the proposed Guidelines do include observations on dealing with the owners of breeds prohibited under the Act, the greater focus is on action to be taken against owners of dogs of any breed which constitute a threat to public safety. The Sentencing Council's Guidelines suggest a range of penalties from communities orders for minor offences to custodial sentencing for more serious offences. Although a severe step to take, a prison sentence for the owner is recommended for extreme cases as the deterrent effect is greater than is the case with a fine.
Commenting on the publication of the Guidance, Sentencing Council member and District Judge Anne Arnold said: “The majority of dog owners take good care of their pets and keep their dogs under control but we want to ensure that irresponsible dog owners who put the public at risk are sentenced appropriately. Our guideline gives guidance to courts on making the best use of their powers so that people can be banned from keeping dogs, genuinely dangerous dogs can be put down and compensation can be paid to victims.”
FIVP has shared a survey, inviting those working in independent practice to share their views on the CMA's proposed remedies.
