But the owner could walk free from court with a discharge if the injuries caused were only minor and attempts had been made to regain control of the dog and safety steps had been taken by the owner.
In cases where no injury is caused, owners could still face up to six months in jail if they allow their dogs to be dangerously out-of-control in a public place, especially if children were around at the time or a number of dogs were involved. But the starting point for the most serious of offences would be a community order, while a lesser offence could attract a fine.
Emily Lloyd, from Manchester Solicitors Robert Lizar, commented, "The proposals could result in dog owners being held accountable for the actions of the dog. More consideration needs to be given to how the court is going to access whether the owner acted responsibly having taken into consideration all the circumstances of the case."
We have considered the consultation very carefully and we are actively involved in influencing the outcome.
We believe that the new guidelines are in the best interests of ‘responsible’ dog owners. Clients are advised to contact us should they have any concerns about the new proposals.
The sentencing consultation ends in March 2012. Watch this space.
If you want to respond to the consultation yourself, go to:
http://sentencingcouncil.judiciary.gov.uk/sentencing/consultations-current.htm
