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Dog dangerously out of control

s.3Dangerous Dogs Act 1991

Being the owner, or the person in charge, of a dog that is dangerously out of control in any place in England or Wales, with a more serious offence if it injures a person or an assistance dog.

Dog dangerously out of control · Dangerous Dogs Act 1991, s.3Card 188 / 195

Points to prove

Was the owner of the dog or, if different, the person for the time being in charge of it
The dog was dangerously out of control
In any place in England or Wales (whether or not a public place)
Aggravated offenceWhile so out of control, the dog injured a person or an assistance dog

Key definitions

Dangerously out of control – s.10(3): on any occasion when there are grounds for reasonable apprehension that the dog will injure a person or assistance dog, whether or not it actually does so. A police or Crown service dog used for a lawful purpose is excluded.
Owner – s.6: where the owner is under 16, it includes the head of the household of which they are a member.
Assistance dog – s.10(2): as defined in s.173(1) of the Equality Act 2010, such as a guide dog.
Mental element – the offence is one of strict liability. No intent or foresight about the dog’s behaviour is needed (R v Bezzina 1994). There must, however, be some act or omission by the defendant that contributed to the dog being out of control (R v Robinson-Pierre 2013).

Defences

Householder case – s.3(1A) and (1B): no offence where the dog is out of control inside a dwelling (or forces accommodation) towards someone who is, or is believed to be, a trespasser there.
Fit and proper person – s.3(2): an owner not in charge at the time has a defence if they prove the dog was in the charge of someone they reasonably believed was fit and proper.

Good to know

Since 13 May 2014 the offence applies in private places, including the owner’s home, subject to the householder exception.
Power to seize a dog that appears dangerously out of control: s.5(1)(c) in a public place, s.5(1A) in a private place.
On conviction the court can order destruction or a contingent destruction order (ss.4 and 4A), and can disqualify the offender from having custody of a dog.

Legislation: Dangerous Dogs Act 1991, s.3 (opens legislation.gov.uk in a new tab)
Mode of trial: Either way
Maximum penalty: Aggravated (injury): 14 years if a person dies, 5 years if a person is injured, 3 years if an assistance dog is injured, and/or a fine (on indictment); 12 months' imprisonment and/or a fine (summarily). No injury: summary only, 6 months' imprisonment and/or a fine
Last checked: 2 November 2026, against the current law on legislation.gov.uk

Dog dangerously out of control: questions people ask

What are the points to prove for dog dangerously out of control?

1. Was the owner of the dog or, if different, the person for the time being in charge of it 2. The dog was dangerously out of control 3. In any place in England or Wales (whether or not a public place) 4. While so out of control, the dog injured a person or an assistance dog

What is the maximum sentence for dog dangerously out of control?

Aggravated (injury): 14 years if a person dies, 5 years if a person is injured, 3 years if an assistance dog is injured, and/or a fine (on indictment); 12 months' imprisonment and/or a fine (summarily). No injury: summary only, 6 months' imprisonment and/or a fine.

Is dog dangerously out of control a summary, either-way or indictable offence?

Dog dangerously out of control is an either-way offence: it can be tried in the magistrates’ court or the Crown Court.

What Act and section is dog dangerously out of control?

Dog dangerously out of control is an offence under the Dangerous Dogs Act 1991, s.3.

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