3 The owner of a dog or the person in charge of a dog who, without lawful authority or excuse, proof of…
article 3 of The Control of Dogs Order 1992
- Status not determined
- Strict liability
- Dogs, animals, hunting and wildlife
This offence was read from the text as made, and no revised version was available, so a later revocation could not be ruled out. Check the current text at legislation.gov.uk.
What the provision says
3 The owner of
a dog or the person in charge of
a dog who, without lawful authority or excuse, proof of which shall lie on him, causes or permits the dog to be in
a highway or in
a place of public resort not wearing
a collar as prescribed in article 2(1) above shall be guilty of an offence against the Animal Health Act 1981.
Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.
Who it binds, and what has to be proved
- Binds
- a person
- Conduct
- breaching the provision
- Fault element
- Strict liability
- Burden of proof
- An element of the offence, for the prosecution to prove
The prosecution must prove that the conduct happened. This is a strict liability offence as drafted: the provision uses no word of intention, knowledge, recklessness or negligence, so there is no need to show that a person meant to do it, knew about it, or was careless.
Intention, knowledge and carelessness are irrelevant to guilt. They may still matter a great deal to sentence.
“Without reasonable excuse” here is an element of the offence rather than a defence, so its absence is for the prosecution to prove (R v Charles [2009] EWCA Crim 1570).
Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision; qualified by lawful excuse (an element).
The defence, as drafted
3 The owner of a dog or the person in charge of a dog who, without lawful authority or excuse, proof of which shall lie on him, causes or permits the dog to be in a highway or in a place of public resort not wearing a collar as prescribed in article 2(1) above shall be guilty of an offence against the Animal Health Act 1981.
What would breach article 3?
These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.
- On these words an offence is committed where a person proof of which shall lie on him, causes or permits the dog to be in a highway or in a place of public resort not wearing a collar as prescribed in article 2(1) above.
- Doing what the provision prohibits, or failing to do what it requires under the Control of Dogs Order 1992.
Penalty
- Mode of trial
- Not determined
- Maximum fine
- Not determined
- Maximum prison (summary)
- Not determined
no penalty is stated in this instrument; it may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence.
No penalty was determined from this instrument. It may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence. Absence of a figure here is not evidence that the offence carries no penalty.
Sentencing
Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.
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Animal cruelty: definitive guideline
Magistrates' courts in England and Wales · in force from 1 July 2017
Covers cruelty to and neglect of animals, and the associated disqualification and deprivation orders.
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Reduction in sentence for a guilty plea: definitive guideline
All courts in England and Wales · in force from 1 June 2017
The sliding scale of credit for pleading guilty, from one third at the first stage of proceedings downwards.
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General guideline: overarching principles
All courts in England and Wales · in force from 1 October 2019
The guideline a court uses when there is no offence-specific guideline, which is the position for the overwhelming majority of offences created by statutory instrument. It sets out how culpability and harm are assessed from first principles.
-
Totality: definitive guideline
All courts in England and Wales
How to sentence more than one offence at once so that the total is just and proportionate - frequently in point here, because regulatory prosecutions commonly charge several breaches of the same instrument.
Prosecution figures
No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.
Status and lifecycle
- Current status
- Status not determined
- Made
- 19 March 1992
- In force from
- 1 April 1992
- Extent
- Not stated
How this was established: read from the text as made; no revised version available, so later revocation could not be ruled out.
What the instrument is for
(This note is not part of the Order) — the explanatory note published with the instrument, © Crown copyright.
This Order replaces with amendments the Control of Dogs Order 1930 concerning wearing of collars by dogs (article 2), offences (article 3), seizure of dogs (article 4) and enforcement (article 5). Changes of substance are— 1 the exemptions from the requirement relating to the wearing of collars have been extended (article 2(2)). 2 the duty to execute and enforce the Order chiefly lies with the district councils and not with the police force for any area (article 5). The provisions of the 1930 Order relating to the making of regulations by local authorities for the control of dogs between sunset and sunrise have not been re-enacted. Contravention of the Order is an offence against the Animal Health Act 1981 punishable on summary conviction by a fine not exceeding level 5 on the standard scale (currently £2000).
Read the full note and every offence in this instrument
What Parliament said
Mentions of this instrument in Hansard. Parliamentary material is reused under the Open Parliament Licence v3.0.
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New Age Travellers (Harborough)
Commons · 16 July 1997 · The Parliamentary Under-Secretary of State for the Environment, Transport and the Regions (Mr. Nick Raynsford)
I congratulate the hon. and learned Member for Harborough (Mr. Garnier) on securing this debate on an issue of concern in his constituency: the unauthorised camping by so-called new age travellers on land which they do not own, and the appalling nuisance that has been caused, particularly in relation to their dogs roaming on adjacent land, noise from rave parties and intimidation of people living in the area. The…
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Microchipping of Dogs (England) Regulations 2015
Lords · 22 January 2015
In Committee on the Deregulation Bill, the Minister, the noble and learned Lord, Lord Wallace of Tankerness, made clear that the Control of Dogs Order 1992 remains, whereby any dog on any highway or in a public place must wear a collar or badge attached to a collar with the name and address of its owner on it. He said:
How this was identified as an offence
Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.92.
- Basis
- the provision says a person is “guilty of an offence”
- Confidence
- 0.92 of 1.00
A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.
Check the source
- This provision on legislation.gov.uk The authoritative text. Check it before relying on anything here.
- The Control of Dogs Order 1992 Every offence this instrument creates, and its explanatory note
- Dogs, animals, hunting and wildlifeOther offences on the same subject
- Offences created in 1992